Courts and jurors sometimes refuse to assign liability to defendants on the basis of statistics alone, despite their apparent reliability. I argue that this refusal is best understood as a recognition of defendants’ right to security. Understood as a robust good in Philip Pettit’s sense, security requires that someone risking harm to others’ protected interests adopt a disposition of concern that controls against wrongfully harming them. Since trials risk harm, the state must adopt such a disposition. Statistics leave open the (...) possibility of innocence and so wrongful harm in a way that the state cannot ignore; if it does use such statistics, it makes defendants wrongfully insecure. This explanation of the problem of bare statistical evidence is especially apt because security grounds the right to a fair trial and judicial procedural rights more generally. (shrink)

Kenny’s main subject is the interrelationship of what we know as Aristotle’s Nicomachean Ethics and his Eudemian Ethics. His first and crucial aim is to show that the "common books," EN 5-7 = EE 4-6, belong with the EE rather than with the EN, where they are placed by all editions and translations. On the basis of this conclusion, he goes on to argue that there is no reason to accept the now-current view that the EN was written after the (...) EE rather than before it, and that once we accustom ourselves to thinking of the common books as part of the EE, we may well slough off the habit of centuries, and come to regard the EE as the authoritative and best Aristotelian treatise on ethics. (shrink)

Increased knowledge of the gene–disease associations contributing to common cancer development raises the prospect of population stratification by genotype and other risk factors. Individual risk assessments could be used to target interventions such as screening, treatment and health education. Genotyping neonates, infants or young children as part of a systematic programme would improve coverage and uptake, and facilitate a screening package that maximises potential benefits and minimises harms including overdiagnosis. This paper explores the potential justifications and risks of genotyping children (...) for genetic variants associated with common cancer development within a personalised screening programme. It identifies the ethical and legal principles that might guide population genotyping where the predictive value of the testing is modest and associated risks might arise in the future, and considers the standards required by population screening programme validity measures . These are distinguished from the normative principles underpinning predictive genetic testing of children for adult-onset diseases—namely, to make best-interests judgements and to preserve autonomy. While the case for population-based genotyping of neonates or young children has not yet been made, the justifications for this approach are likely to become increasingly compelling. A modified evaluative and normative framework should be developed, capturing elements from individualistic and population-based approaches. This should emphasise proper communication and genuine parental consent or informed choice, while recognising the challenges associated with making unsolicited approaches to an asymptomatic group. Such a framework would be strengthened by complementary empirical research. (shrink)

These are the final three volumes of the seven volume work which the Hongs have been working on since 1960. The first volumes appeared in 1967 and subsequent volumes in 1976. The original intent of the editors was to produce five volumes, the first four of which would be arranged according to topics discussed in the Papirer. Under each topic relevant passages were arranged in chronological order to suggest the development of each idea in the mind of Kierkegaard. Originally the (...) fifth volume was to contain autobiographical material plus an index with crossreferences to aid English readers whose only first-hand acquaintance with the Papirer heretofore has been in the translations of Dru and Smith. But now the projected fifth volume has become actually three: Volume 5 contains chronological entries from the years 1829 to 1848, volume 6 contains entries from 1848 to 1855, and volume 7 contains the index and composite collation. Some of the entries will be recognized at once by those familiar with Kierkegaard’s own writings and with writings about him. For example, entry 6332 where he mentions how he disguised his authorship of Either Or by going to the theater every evening for ten minutes so that he might lead local gossips into believing he could not possibly be the author of Either Or because he was too busy playing the dandy and so that Regine Olsen would believe that he really was the trifler and philanderer he made himself out to be. These autobiographical volumes offer more insight into his relation with Regine because his correspondence with Emil Boesen, his confidant in the matter, is reproduced in more detail than usual and the number of times he returns to the subject of Regine right up until the year 1854 brings into focus how painful it was for him to make the break with her and yet how important it was for him to make the break. One of the best summaries of why he closed off the engagement is found in entry 6163. This passage by itself would not be as convincing as it is unless we had read already in passage after passage the complete despondency with which he often lived. Strangely enough, there is almost nothing in these autobiographical entries before the event itself to indicate that he was going to break off the relationship. (shrink)

To mitigate animal suffering under industrial farming conditions, biotechnology companies are pursuing the development of genetically disenhanced animals. Recent advances in gene editing biotechnology have brought this to reality. In one of the first discussions of the ethics of disenhancement, Thompson argued that it is hard to find compelling reasons to oppose it. We offer an argument against disenhancement that draws upon parallels with human disenhancement, ecofeminism’s concern with the “logic of domination,” and a relational ethic that seeks to preserve (...) a meaningful relationship between farmers and their animals. In addition, we respond to two arguments in favor of animal disenhancement—one grounded in the non-identity problem and one that argues disenhancement is the best we can do to protect animal well-being right now. We argue that animal disenhancement does not address the fundamental issue of oppression of animals in the context of contemporary animal agriculture. Therefore, we conclude that animal disenhancement is not nearly as valuable as it might appear initially. (shrink)

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

The US neutrino community gathered at the Workshop on the Intermediate Neutrino Program at Brookhaven National Laboratory February 4-6, 2015 to explore opportunities in neutrino physics over the next five to ten years. Scientists from particle, astroparticle and nuclear physics participated in the workshop. The workshop examined promising opportunities for neutrino physics in the intermediate term, including possible new small to mid-scale experiments, US contributions to large experiments, upgrades to existing experiments, R&D plans and theory. The workshop was organized into (...) two sets of parallel working group sessions, divided by physics topics and technology. Physics working groups covered topics on Sterile Neutrinos, Neutrino Mixing, Neutrino Interactions, Neutrino Properties and Astrophysical Neutrinos. Technology sessions were organized into Theory, Short-Baseline Accelerator Neutrinos, Reactor Neutrinos, Detector R&D and Source, Cyclotron and Meson Decay at Rest sessions.This report summarizes discussion and conclusions from the workshop. (shrink)

The opinion of Mr. Justice Francis of the English High Court which denied the parents of Charlie Gard, who had been born with an extremely rare mutation of a genetic disease, the right to take their child to the United States for a proposed experimental treatment occasioned world wide attention including that of the Pope, President Trump, and the US Congress. The case raise anew a debate as old as the foundation of Western medicine on who should decide and on (...) what standard when there is a conflict between a family and the treating physicians over a possible treatment. This paper will explore the different approaches of the British and American courts on the issue and the various proposals from that of John Rawls in his A Theory of Justice to a processed-based approach for resolving such disputes. As carefully crafted as the opinion of Mr Justice Nicholas Francis in the Gard case proved to be, it left commentators unsatisfied. A widespread criticism, captured in an article by Michael Dougherty in The National Review was for the state to ‘get out of the way of the parents trying to act in the best interests of the child’.1 Although he conceded the parents could be adding to the suffering of the child by taking Charlie to America for an experimental therapy and agreed that such a choice ‘may be the wrong decision,’ in Dougherty’s view, it should still be ‘their decision’. Dougherty’s stand was the popular response to the question of ‘Who should decide?’ It fails, however, to propose any rationale for the decision. It provided no norms, no standards and no guidelines for the parents. Their motive could equally well be indifference to the suffering of the child as concern for his well-being. Furthermore, even good, loving parents may make …. (shrink)

Diffusion theory explains in physical terms how materials move through a medium, e.g. water or a biological fluid. There are strong and widely acknowledged grounds for doubting the applicability of this theory in biology, although it continues to be accepted almost uncritically and taught as a basis of both biology and medicine. Our principal aim is to explore how this situation arose and has been allowed to continue seemingly unchallenged for more than 150 years. The main shortcomings of diffusion theory (...) will be briefly reviewed to show that the entrenchment of this theory in the corpus of biological knowledge needs to be explained, especially as there are equally valid historical grounds for presuming that bulk fluid movement powered by the energy of cell metabolism plays a prominent note in the transport of molecules in the living body. First, the theory's evolution, notably from its origins in connection with the mechanistic materialist philosophy of mid nineteenth century physiology, is discussed. Following this, the entrenchment of the theory in twentieth century biology is analyzed in relation to three situations: the mechanism of oxygen transport between air and mammalian tissues; the structure and function of cell membranes; and the nature of the intermediary metabolism, with its implicit presumptions about the intracellular organization and the movement of molecules within it. In our final section, we consider several historically based alternatives to diffusion theory, all of which have their precursors in nineteenth and twentieth century philosophy of science. (shrink)

The study reports on the results of an empirical investigation of the education and recruitment processes used in HIV vaccine trials conducted in South Africa. Interviews were conducted with 21 key informants involved in HIV vaccine research in South Africa and three focus groups of community advisory board members. Data analysis identified seven major themes on the relationship between education and recruitment: the process of recruitment, the combined dual role of educators and recruiters, conflicts perceived by field staff, pressure to (...) achieve recruitment targets, problems in achieving comprehension, accountability and education as capacity building. The results raise ethical concerns about the adequacy of current informed consent processes in these settings. The study findings bear directly on current debates about issues of exploitation and the scope of moral responsibilities of researchers and funding agencies to assure that HIV clinical prevention research is conducted ethically. (shrink)

Predation and escaping from predation through hiding are two fundamental phenomena in ecology. The most common approach to reducing the chance of predation is to use a refuge. Here, we consider a three species fishery model system with prey refuge induced by a Holling type-II functional response. These three species of fish populations are named prey, middle predator, and top predator. Harvesting is employed in most fishery models to achieve both ecological and commercial benefits. Research proves that non-linear harvesting (Michaelis–Menten (...) type) returns more realistic outcomes. So, we have combined the Michaelis–Menten type of harvesting efforts for all populations. Uniform boundedness conditions for the solutions of the model are discussed. The existence conditions for possible equilibrium points with stability are presented. We explain the dynamical behavior at each equilibrium point through bifurcation analysis. The persistent criteria of the system are examined. Bionomic equilibrium and optimal harvesting control using Pontryagin’s maximum principle are calculated. For validation of the model in the real world, we have implemented this in the freshwater ecosystem of Lake Victoria. Extraction of native fish species and ecological balances are the foremost solicitude of Lake Victoria. We may resolve this concern partially by implementing prey refuge, since it may sustain the ecology of Lake Victoria, and therefore also its economical importance. Lake Victoria is acclaimed worldwide for the trade of fishing. Also, it provides the largest employment in east-central Africa and is beneficial to fishing equipment manufacturers. So, the bionomic equilibrium and harvesting control have significant applications in the fisheries. All the analytical studies are verified by numerical simulations. We have plotted phase portraits, bifurcation diagrams, Lyapunov exponents to explore the dynamics of the proposed model. (shrink)

The psychological state and neural correlates of 19 women undergoing normal childbirth were studied. Frequent occurence of nonordinary psychological phenomena was traced back in 6 subjects, occurring in active and passive alertness, as well as hypnagogic/hypnopompic periods, and in dreaming, during the late period of pregnancy, giving birth, and the period of 2-4 days post partull. The brain activity of the aforementioned subgroup during this time was characterized primarily by general activation of the right hemisphere in the bandpass of infraslow (...) electrical processes and by more localized EEG activation. The implications of the data for research on gender-specific altered states of consciousness are discussed. (shrink)

The objectives of this study were to develop a high-density chromosome bin map of homoeologous group 7 in hexaploid wheat, to identify gene distribution in these chromosomes, and to perform comparative studies of wheat with rice and barley. We mapped 2148 loci from 919 EST clones onto group 7 chromosomes of wheat. In the majority of cases the numbers of loci were significantly lower in the centromeric regions and tended to increase in the distal regions. The level of duplicated loci (...) in this group was 24% with most of these loci being localized toward the distal regions. One hundred nineteen EST probes that hybridized to three fragments and mapped to the three group 7 chromosomes were designated landmark probes and were used to construct a consensus homoeologous group 7 map. An additional 49 probes that mapped to 7AS, 7DS, and the ancestral translocated segment involving 7BS also were designated landmarks. Landmark probe orders and comparative maps of wheat, rice, and barley were produced on the basis of corresponding rice BAC/PAC and genetic markers that mapped on chromosomes 6 and 8 of rice. Identification of landmark ESTs and development of consensus maps may provide a framework of conserved coding regions predating the evolution of wheat genomes. (shrink)

The focus of this study was to analyze the content, distribution, and comparative genome relationships of 996 chromosome bin-mapped expressed sequence tags accounting for 2266 restriction fragments on the homoeologous group 3 chromosomes of hexaploid wheat. Of these loci, 634, 884, and 748 were mapped on chromosomes 3A, 3B, and 3D, respectively. The individual chromosome bin maps revealed bins with a high density of mapped ESTs in the distal region and bins of low density in the proximal region of the (...) chromosome arms, with the exception of 3DS and 3DL. These distributions were more localized on the higher-resolution group 3 consensus map with intermediate regions of high-mapped-EST density on both chromosome arms. Gene ontology classification of mapped ESTs was not significantly different for homoeologous group 3 chromosomes compared to the other groups. A combined analysis of the individual bin maps using 537 of the mapped ESTs revealed rearrangements between the group 3 chromosomes. Approximately 232 of the consensus mapped ESTs matched sequences on rice chromosome 1 and revealed large- and small-scale differences in gene order. Of the group 3 mapped EST unigenes ∼21 and 32% matched the Arabidopsis coding regions and proteins, respectively, but no chromosome-level gene order conservation was detected. (shrink)

We attempt to clarify the main conceptual issues in approaches to ‘objectification’ or ‘measurement’ in quantum mechanics which are based on superselection rules. Such approaches venture to derive the emergence of classical ‘reality’ relative to a class of observers; those believing that the classical world exists intrinsically and absolutely are advised against reading this paper. The prototype approach (K. Hepp, Helv. Phys. Acta45 (1972), 237–248) where superselection sectors are assumed in the state space of the apparatus is shown to be (...) untenable. Instead, one should couple system and apparatus to an environment, and postulate superselection rules for the latter. These are motivated by the locality of any observer or other (actual or virtual) monitoring system. In this way ‘environmental’ solutions to the measurement problem (H.D. Zeh, Found. Phys.1 (1970), 69–76; W. H. Zurek, Phys. Rev.D26 (1982), 1862–1880 and Progr. Theor. Phys.89 (1993), 281–312) become consistent and acceptable, too. Points of contact with the modal interpretation are briefly discussed. We propose a minimal value attribution to observables in theories with superselection rules, in which only central observables have properties. In particular, the eigenvector-eigenvalue link is dropped. This is mainly motivated by Ockham's razor. (shrink)

This book taps the best American thinkers to answer the essential American question: How do we sustain our experiment in government of, by, and for the people? Authored by an extraordinary and politically diverse roster of public officials, scholars, and educators, these chapters describe our nation's civic education problem, assess its causes, offer an agenda for reform, and explain the high stakes at risk if we fail.

We propose a technical reformulation of the measurement problem of quantum mechanics, which is based on the postulate that the final state of a measurement is classical; this accords with experimental practice as well as with Bohr’s views. Unlike the usual formulation (in which the post-measurement state is a unit vector in Hilbert space), our version actually opens the possibility of admitting a purely technical solution within the confines of conventional quantum theory (as opposed to solutions that either modify this (...) theory, or introduce unusual and controversial interpretative rules and/or ontologies).To that effect, we recall a remarkable phenomenon in the theory of Schrödinger operators (discovered in 1981 by Jona-Lasinio, Martinelli, and Scoppola), according to which the ground state of a symmetric double-well Hamiltonian (which is paradigmatically of Schrödinger’s Cat type) becomes exponentially sensitive to tiny perturbations of the potential as ħ→0. We show that this instability emerges also from the textbook wkb approximation, extend it to time-dependent perturbations, and study the dynamical transition from the ground state of the double well to the perturbed ground state (in which the cat is typically either dead or alive, depending on the details of the perturbation).Numerical simulations show that adiabatically arising perturbations may (quite literally) cause the collapse of the wave-function in the classical limit. Thus, at least in the context of a simple mathematical model, we combine the technical and conceptual virtues of decoherence (which fails to solve the measurement problem but launches the key idea that perturbations may come from the environment) with those of dynamical collapse models à la grw (which do solve the measurement problem but are ad hoc), without sharing their drawbacks: single measurement outcomes are obtained (instead of merely diagonal reduced density matrices), and no modification of quantum mechanics is needed. (shrink)

Although the Neo-Darwin Theory of Evolution is one of the most celebrated theories in science, nonetheless it has received many criticisms. These criticisms are documented and a new transdisciplinary theory of origin is introduced. Darwin's original argument was that natural selection, through heritable changes, changed simple organisms over time. These heritable changes are responsible for the complex plethora of life seen around us today. Darwin's original theory, however, was deconstructed after the fact into a mutation-based theory. This mutation-based theory in (...) its current form is an insufficient and indeed unnecessary transdisciplinary explanation. A subsequent statistical comparison between the six extant scientifically based primary theories of origin was undertaken and based on current biological knowledge a statistically significantly best fit phenotypic model emerged. (shrink)

All recent memory theories of hippocampal function have incorporated the idea that the hippocampus is required to process items only of some qualitatively specifiahle kind, and is not required to process items of some complementary set. In contrast, it is now proposed that the hippocampus is needed to process stimuli of all kinds, but only when there is a need to associate those stimuli with other events that are temporally discontiguous. In order to form or use temporally discontiguous associations, it (...) is essential to maintain some memory of the first component until the second component has occurred. When the temporal gap to he spanned is small, and the number of items to be temporarily retained is low, a limited-capacity, short-term store is sufficient to allow associations to be formed. Such a store is presumed to operate in parallel with the hippocampus in normal animals. Hippocampal damage disrupts a much higher-capacity store that has a slower decay rate, and so leaves animals with only a very limited ability to form temporally discontiguous associations. Hippocampal damage, however, is not held to affect the long-term storage of associations of any kind, if they can be formed. Analyses of both new and existing data are presented to show that by classifying tasks in terms of the need to use a temporary memory store to retain temporally discontiguous information one can cut right across existing classifications as well as achieve a better fit to the data. The hippocampus thus seems best described as a high-capacity, intermediate-term memory store. (shrink)

Given any proposition, is it possible to have rationally acceptable attitudes towards it? Absent reasons to the contrary, one would probably think that this should be possible. In this paper I provide a reason to the contrary. There is a proposition such that, if one has any opinions about it at all, one will have a rationally unacceptable set of propositional attitudes—or if one doesn’t, one will end up being cognitively imperfect in some other manner. The proposition I am concerned (...) with is a self-referential propositional attitude ascription involving the propositional attitude of rejection. Given a basic assumption about what constitutes irrationality, and a few assumptions about the nature of cognitively ideal agents, a paradox results. This paradox is superficially like the Liar, but it is importantly different in that no alethic notions are involved at all. As such, it stands independent of the Liar and is not a ‘revenge’ version of it. After setting out the paradox I discuss possible responses. After considering several I argue that one is best off simply accepting that the paradox shows us something surprising and interesting about rationality: that some cognitive shortfall is unavoidable even for ideal agents. I argue that nothing disastrous follows from accepting this conclusion. (shrink)

Background If trials of therapeutic interventions are to serve society's interests, they must be of high methodological quality and must satisfy moral commitments to human subjects. The authors set out to develop a clinical - trials compendium in which standards for the ethical treatment of human subjects are integrated with standards for research methods. Methods The authors rank-ordered the world's nations and chose the 31 with >700 active trials as of 24 July 2008. Governmental and other authoritative entities of the (...) 31 countries were searched, and 1004 English-language documents containing ethical and/or methodological standards for clinical trials were identified. The authors extracted standards from 144 of those: 50 designated as ‘core’, 39 addressing trials of invasive procedures and a 5% sample of the remainder. As the integrating framework for the standards we developed a coherent taxonomy encompassing all elements of a trial's stages. Findings Review of the 144 documents yielded nearly 15 000 discrete standards. After duplicates were removed, 5903 substantive standards remained, distributed in the taxonomy as follows: initiation, 1401 standards, 8 divisions; design, 1869 standards, 16 divisions; conduct, 1473 standards, 8 divisions; analysing and reporting results, 997 standards, four divisions; and post-trial standards, 168 standards, 5 divisions. Conclusions The overwhelming number of source documents and standards uncovered in this study was not anticipated beforehand and confirms the extraordinary complexity of the clinical trials enterprise. This taxonomy of multinational ethical and methodological standards may help trialists and overseers improve the quality of clinical trials, particularly given the globalisation of clinical research. (shrink)