Marx’s theory of ground rent has been widely used to help understand the trinity of land, labor, and capital. However, limited attention has been paid to the role of water within the Marxian rent framework. This lack of attention proves troubling due to the role of surface waters as an essential means of production throughout capitalism. Here I restate Marxian ground rent in the form of water rent and discuss the function of water-rent in the two dominant surface water rights (...) doctrines of the United States—the riparian doctrine and the doctrine of prior appropriation. In doing so, I revise the distinction between differential rent 1 and differential rent 2 to provide more analytically useful categories. Paying special attention to issues of drought and scarcity, I fully articulate the function of Marxian rent and its four forms for both surface water rights doctrines, while clearly stating where they do and do not differ. (shrink)

In our target article, we took the position that tenure conveys many important benefits but that its original justification – fostering academic freedom – is not one of them. Here we respond to various criticisms of our study as well as to proposals to remedy the current state of affairs. Undoubtedly, more research is needed to confirm and extend our findings, but the most reasonable conclusion remains the one we offered – that the original rationale for tenure is poorly served (...) by the current system as practiced at top-ranked colleges and universities. (Published Online February 8 2007). (shrink)

The behavioral sciences have come under attack for writings and speech that affront sensitivities. At such times, academic freedom and tenure are invoked to forestall efforts to censure and terminate jobs. We review the history and controversy surrounding academic freedom and tenure, and explore their meaning across different fields, at different institutions, and at different ranks. In a multifactoral experimental survey, 1,004 randomly selected faculty members from top-ranked institutions were asked how colleagues would typically respond when confronted with dilemmas concerning (...) teaching, research, and wrong-doing. Full professors were perceived as being more likely to insist on having the academic freedom to teach unpopular courses, research controversial topics, and whistle-blow wrong-doing than were lower-ranked professors (even associate professors with tenure). Everyone thought that others were more likely to exercise academic freedom than they themselves were, and that promotion to full professor was a better predictor of who would exercise academic freedom than was the awarding of tenure. Few differences emerged related either to gender or type of institution, and behavioral scientists' beliefs were similar to scholars from other fields. In addition, no support was found for glib celebrations of tenure's sanctification of broadly defined academic freedoms. These findings challenge the assumption that tenure can be justified on the basis of fostering academic freedom, suggesting the need for a re-examination of the philosophical foundation and practical implications of tenure in today's academy. (Published Online February 8 2007) Key Words: academia; academic freedom; ethical issues; faculty beliefs; professoriate; promotion; scientific misconduct; tenure; whistle-blowing. (shrink)

We report on the deliberations of an interdisciplinary group of experts in science, law, and philosophy who convened to discuss novel ethical and policy challenges in stem cell research. In this report we discuss the ethical and policy implications of safety concerns in the transition from basic laboratory research to clinical applications of cell-based therapies derived from stem cells. Although many features of this transition from lab to clinic are common to other therapies, three aspects of stem cell biology pose (...) unique challenges. First, tension regarding the use of human embryos may complicate the scientific development of safe and effective cell lines. Second, because human stem cells were not developed in the laboratory until 1998, few safety questions relating to human applications have been addressed in animal research. Third, preclinical and clinical testing of biologic agents, particularly those as inherently complex as mammalian cells, present formidable challenges, such as the need to develop suitable standardized assays and the difficulty of selecting appropriate patient populations for early phase trials. We recommend that scientists, policy makers, and the public discuss these issues responsibly, and further, that a national advisory committee to oversee human trials of cell therapies be established. **NB we did not reccommend a NAC, we think it might be appropriate**. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Modern Socratic Dialogue and Resilient Democracy: Creating the Clearing for an American Bildung1Laura J. Mueller (bio)Michael Hogue’s American Immanence draws from some of the fundamental features of American philosophy: philosophy is not alienated from life, but rather, part and parcel of the structure of our experiences, a way of living. His notion of “resilient democracy” is particularly representative of this tradition of thought. Resilient democracy is, first of all, (...) an ethos, grounded in “the collective experience of uncertainty and animated by the living desire to bring about a more beautiful world.”2 This ethos is an associational, relational one, and it is democratic because, for Hogue, it must be “empathetic, emancipatory, and equitable,” assuming that each member of the association can be enriched by other members” (AI, 172–73). Vital to this democratic ethos is its anti-foundational politics; we start not with an immutable reality, but rather with the vulnerable reality of our actual, political, experiences (AI, 176). We start with where we are, not where some abstract ideal demands we should be. Democracy, for Hogue, is not just a certain political ideal for which to aim, but rather a way of being, a way of life. Dewey writes:A democracy is more than an associated form of government; it is primarily a mode of associated living, of conjoint communicated experience.... These more numerous and more varied points of contact denote a greater diversity of stimuli to which an individual has to respond... They secure a liberation of his powers which remain suppressed as long as the incitations to action are partial, as they must be in a group which in its exclusiveness shuts out many interests.3Throughout this paper, I use “democracy” in this sense; as a way of life, as a relational ethos, not as any particular political system. [End Page 40]As a way of life, democracy is both the process—the struggle—and that which we aim for. This feature of democracy is similar to the structure of Bildung, in which self-cultivation is both the process and the product.4 For example, for Wilhelm von Humboldt, an individual is in “continuing activity,” whose powers are never stagnant; humankind is always progressing, an infinite object.5 This is an end-in-view, not a fixed end.6 Humboldt “did not formulate a catalogue which prescribed what a person should know, what a person should read, what a person should have heard, what a person should have concerned himself with, so that one can say: this person has Bildung.”7 For Humboldt, Bildung is “the development of the capacities of the individual into a harmonious whole.”8 This paper, in part, looks at Hogue’s resilient democracy as a cultivation of both the individual and the group, as Bildung of both self and culture. In particular, the individual and culture that are being cultivated are relational, grounded in an emancipatory, equitable, and empathetic ethos, with a democratic way of life.Similar to the traditional Bildungstradition, education plays a vital role in this kind of democratic cultivation. If our end-in-view is a democratic society, then the method to reach that end must also be democratically ordered. Myles [End Page 41] Horton put it best: “When you believe in a democratic society, you provide a setting for education that is democratic.”9Modern Socratic Dialogue (MSD) is a particular method of philosophical dialogue that engages in and cultivates the ethos of resilient democracy. It cultivates empathy (in listening), pluralism (difference is accommodated and incorporated) and equity (insofar as no special knowledge is required), and anti-foundationalism (participants approach the conversation with epistemic humility, not trying to grasp a Truth as the ground of knowledge, but rather work together to form a common truth that comes out of their situatedness). These are all traits of Hogue’s resilient democracy, and all traits of an American Bildung, our self-correcting vulnerability, a way of being that replaces an unattainable ideal without sacrificing amelioration.Much like the tradition it addresses, this paper is layered; it is polyphonically pluralistic in method and structure. The many voices of this paper are first stratified and folded in... (shrink)

We argue that the relationship between Kant’s theory of imagination and his moral philosophy has not been well understood. Missing is an adequate connection between his idea of sensus communis and the power of imagination to exceed the senses. This connection is close and important, and it has serious implications for how we are to apply and further theorize moral relations among human beings. Especially important in this regard is the ability among humans, in their social setting, to imagine other (...) persons. We do this pre-cognitively, at the level of feeling. The effects of imagining other persons prior to all knowledge of them (as, for instance, rational agents), grounds the autonomy of other persons in a relationship that is far broader than knowledge. (shrink)

Philodemus’s On Frank Criticism offers a unique conception of friendship that relies on frank speech, or truth-telling. The ability to have frank conversations with one another is the heart of a conception of friendship in which we are seen, heard, and acknowledged. This is the friendship through which we become better citizens and better selves. In particular, Philodemus is offering this truth-based friendship to students and their mentors. Yet, one would be hard put to find such trust and deep friendship (...) in the university philosophy classrooms of today. Our professionalized and content acquisition focused culture in the academy all too often inhibits fostering these kinds of relationships with our students. We begin the essay by tracing the roots of this kind of frank friendship in Plato’s Lysis, and then contextualize its emerging role in the ancient philosophical classroom by exploring its place in Philodemus’ Epicurean philosophical community at Herculaneum. We do so to see how such friendship moves beyond discourse and into practice. Next, we use Arendt and Foucault to unpack the public and private dimensions of frank friendship in the philosophical learning environment and its role in a good life and good politics. Finally, we show how the classroom practice of Modern Socratic Dialogue (MSD) can re-enliven frank friendship as a spiritual exercise in the contemporary university-philosophy classroom. Specifically, we argue that MSD is a particular method of dialogue suited for the public realm of friendship and that it contributes to the care of one’s soul, thus modeling in our classrooms a method of dialogue for both the public and private dimensions of life. (shrink)

This article investigates the relation between freedom, the public use of reason, and sensus communis, as discussed throughout Kant’s political writings and critical works. Kant’s discussion of the public use of reason, as put forth in "What Is Enlightenment?" is closely tied to his views on autonomy, most notably in the political sphere. However, Kant’s distinction between the public and private uses of reason relies upon sensus communis as discussed in the Critique of Judgment. The communicability achieved by sensus communis (...) has a relevance not restricted only to Kant’s explicitly political writings; sensus communis is also what we might call “transcendentally significant.” In this article, I argue that the public use of reason—a use of reason achieved by sensus communis—is vital for reason itself to follow its own normative demands. I conclude that sensus communis itself grounds reason’s use for its own critique. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

Background Regarding controversial medical services, many have argued that if physicians cannot in good conscience provide a legal medical intervention for which a patient is a candidate, they should refer the requesting patient to an accommodating provider. This study examines what US physicians think a doctor is obligated to do when the doctor thinks it would be immoral to provide a referral. Method The authors conducted a cross-sectional survey of a random sample of 2000 US physicians from all specialties. The (...) primary criterion variable was agreement that physicians have a professional obligation to refer patients for all legal medical services for which the patients are candidates, even if the physician believes that such a referral is immoral. Results Of 1895 eligible physicians, 1032 (55%) responded. 57% of physicians agreed that doctors must refer patients regardless of whether or not the doctor believes the referral itself is immoral. Holding this opinion was independently associated with being more theologically pluralistic, describing oneself as sociopolitically liberal, and indicating that respect for patient autonomy is the most important bioethical principle in one's practice (multivariable ORs, 1.6–2.4). Conclusions Physicians are divided about a professional obligation to refer when the physician believes that referral itself is immoral. These data suggest there is no uncontroversial way to resolve conflicts posed when patients request interventions that their physicians cannot in good conscience provide. (shrink)

© Ginn et al. 2016.The indexing methods currently used for serial femtosecond crystallography were originally developed for experiments in which crystals are rotated in the X-ray beam, providing significant three-dimensional information. On the other hand, shots from both X-ray free-electron lasers and serial synchrotron crystallography experiments are still images, in which the few three-dimensional data available arise only from the curvature of the Ewald sphere. Traditional synchrotron crystallography methods are thus less well suited to still image data processing. Here, a (...) new indexing method is presented with the aim of maximizing information use from a still image given the known unit-cell dimensions and space group. Efficacy for cubic, hexagonal and orthorhombic space groups is shown, and for those showing some evidence of diffraction the indexing rate ranged from 90% to 151%. Here, the indexing rate refers to the number of lattices indexed per image. (shrink)

Le canon 812 du Code de droit canon de 1983 exige que ceux qui enseignent une discipline théologique dans une université catholique aient un mandatum de la part de l’autorité ecclésiastique compétente. Entre insistances et rappels à l’ordre romains, s’en suivirent aux Etats-Unis neuf ans de consultations, discussions et conflits qui impliquèrent évêques, présidents d’universités et théologiens. Il y a là un fait théologique et ecclésial dont les Eglises d’autres pays n’ont pas fait la même expérience. L’examen des enjeux ecclésiologiques (...) de ces péripéties constitue l’objet de ces réflexions qui représentent ainsi une sorte de lettre théologique des Etats-Unis. Pourquoi l’acuité de la question dans ce pays ? Comment comprendre le mandatum avec l’emploi du concept de communion ? Qu’est-ce que ce mandatum comme fait historique et comme institution ecclésiale ? Telles sont les questions auxquelles tente de répondre J.G. Mueller dans cet article.Canon 812 of the Code of Canon Law of 1983 requires that those who teach a theological discipline in a Catholic university have a mandatum from the competent church authority. In between Rome’s insistence and calls to order, there followed nine years of consultations, discussions, and conflicts in the United States involving bishops, university presidents, and theologians. This is a theological and ecclesial fact of which Churches in other countries have not had the same experience. An examination of the ecclesiological stakes of these vicissitudes constitutes the subject of these reflections, which represents a sort of theological letter from the United States. Why the acuity of the question in this country? How can we understand the mandatum by using the concept of communion? What is this mandatum as a historical fact and as an ecclesiastical institution? Such are the questions that J.G. Mueller attempts to answer in this article. (shrink)

If we supply a missing connection in the master text of English Renaissance poetic theory, we can bring the dilemma posed by political poetry into sharp relief. Sidney’s Defence of Poesie seeks to confirm the supremacy of the poet’s power over human minds by invoking the celebrated three-way distinction between poetry, philosophy, and history in the Poetics. According to Sidney, the proper question to ask of poetry is not “whether it were better to have a particular act truly or falsely (...) set down” but “whether it be better to have it set down as it should be, … for your own use and learning.” On this criterion, the philosopher shows himself too devoted to “knowledge” that “standeth upon the abstract and general,” to the “precept,” to “what should be.” The historian attends too much to “the particular truth of things and not to the general reason of things,” to the “example,” to “what is.” Only the poet “coupleth the general notion with the particular example” in “the speaking picture of poesy,” thus synthesizing through his “imaginative and judging power” the best that the philosophical and historical domains can offer. “Aristotle himself,” concludes Sidney, “plainly determineth this question, saying that poetry … is more philosophical and more studiously serious than history … because poesy dealeth with … the universal consideration, and the history with … the particular.” Yet in mounting his Defence of Poesie, Sidney fails to give due force to a related and equally important distinction drawn from the Poetics. Aristotle ranks poetry below philosophy—and, by implication, history as well—at the crucial juncture where ontology and epistemology meet. He exclusively credits philosophical universals with rational “necessity.” Poetic universals are recognized as having imaginative “likelihood,” but no more than this.1 Under this second three-way distinction, the domain proper to poetry turns out to be neither the realm of historical fact nor that of philosophical truth but some half-region of the truthlike, the verisimilar, disjoint from the plane of knowledge.[…]Milton coped with the questions intrinsic to political poetry during the decade from 1642 to 1652 when he rose to prominence as a pamphleteer on public issued and concurrently pioneered the writing of political sonnets in English. This essay examines the responses he made, in part in his prose but mainly in the composition of seven sonnets. Political poems in a root sense, these sonnets concern themselves with human agency channeled into the functions of the state, with power manifested through governance. After exploratory and uneven beginnings, the group as a whole goes a fair way toward vindicating the enterprise of political poetry and offering one set of criteria for a good political poem. 1. The core distinctions are drawn by Aristotle in chap. 9, secs. 2-4, of the Poetics; also see chap. 1, sec. 1 of the Topics on the distinction between demonstration, based on reasoning from true knowledge, and dialectic, based on reasoning from what is generally accepted as probable. The quotations in this paragraph are from Sidney: A Defence of Poetry, ed. J. A. Van Dorsten , pp. 35, 32, 33, 35. Janel Mueller is professor of English and humanities at the University of Chicago. She has published mainly on poetry and prose of the earlier English Renaissance, culminating in her book The Native Tongue and the Word: Developments in English Prose Style, 1380-1580. An interest in Milton, however, has drawn her more recently to work in the later part of this period. She is writing a book on nature, culture, and gender in Milton’s major poems. (shrink)

The thematic survey of traditional literature uncovered a pressing need to study the M-L figure as a phenomenon in its own right. A design was constructed intending to evoke the figure's full phenomenal appearance. Instead of framing a highly determinate structure wherein a specific question is posed, E presented the figure to naive Ss, simply asking them to describe it. The purpose was to ascertain what naive Ss would perceive if not encumbered by a prior set. In addition, five experiential (...) questions about the descriptive task were included, aiming to elucidate and render intelligible the factual perceptions. The results showed that the M-L figure appears physiognomically. Typical responses exhibiting stylistic variation pointed to the dialectic between perceiver and perceived thing. A second finding was that the perception of equal horizontal lines as unequal emerged as a predominant, but only one of several possible ways of resolving the M-L figure's many perceptual possibilities. In fact, the data revealed a trend that elucidates the conditions which make possible the "M-L effect." Finally, "direction-orientation," a phenomenal variable elucidated by Merleau-Ponty's notions about the body and perception, emerged as the most characteristic way of perceiving the experimental figure. (shrink)

M. Tulli Ciceronis libri qui ad rem publicam et ad philosophiam spectant; vol. ix. Cato Maior de Senectute, Laelius de Amicitia; 50 Pf. vol. x. De Officiis; 80 Pf. ed. Th. Schiche, Leipzig, Freytag.M. Tulli Ciceronis Orationes Selectae; vol. i. Oratio pro Sex. Roscio Arnerino; 30 Pf. vol. ii. In Q. Caecilium Diuinatio, in C. Verrem Accusationis, Lib. iv. v.; ed. H. Nohl; 80 Pf. Leipzig, Freytag.M. Tulli Ciceronis Scripta quae remanserunt omnia. Recognovit C. F. W. Mueller. Partis ii. vol. (...) iii. Leipzig, Teubner, 1886. 2 Mk. 10. (shrink)

The MS. hie tunc of V. 6 has no friends. L. Mueller's hoc tunc is weak and flat, and L. Rank, Mnemosyne 40. 51, is justly dissatisfied with the hietans of M. Havet's larger and smaller editions, to which the hians of Verg. Aen. 12. 754 lends no sufficient support, as there the dog is opening its mouth before it bites. Add to this that it is by no means certain that Phaedrus would either have used the word or used (...) it in the simple sense of opening the mouth. Rank's own proposal, ‘heu’ tunc, fails also to carry conviction. There is however a word which belongs to our author's vocabulary and is as near to the manuscripts as either of the above, and which hits the sense at which hietans aims. This is rictus. The word is often used of the opened mouths of dogs, Lucr. 5. 1064, Ovid Met. 13. 568. Juvenal 10. 271 sq. ‘canino latrauit rictu,’ and of other animals. That it is appropriate with dimisit ‘let go’ may be seen from the counterpart expression of Martial 1. 48. 1 ‘rictibus his tauros non eripuere magistri.’. (shrink)

The MS. hie tunc of V. 6 has no friends. L. Mueller's hoc tunc is weak and flat, and L. Rank, Mnemosyne 40. 51, is justly dissatisfied with the hietans of M. Havet's larger and smaller editions, to which the hians of Verg. Aen. 12. 754 lends no sufficient support, as there the dog is opening its mouth before it bites. Add to this that it is by no means certain that Phaedrus would either have used the word or used (...) it in the simple sense of opening the mouth. Rank's own proposal, ‘heu’ tunc, fails also to carry conviction. There is however a word which belongs to our author's vocabulary and is as near to the manuscripts as either of the above, and which hits the sense at which hietans aims. This is rictus. The word is often used of the opened mouths of dogs, Lucr. 5. 1064, Ovid Met. 13. 568. Juvenal 10. 271 sq. ‘canino latrauit rictu,’ and of other animals. That it is appropriate with dimisit ‘let go’ may be seen from the counterpart expression of Martial 1. 48. 1 ‘rictibus his tauros non eripuere magistri.’. (shrink)