The pre-emption doctrine as applied to food and drug law argues that manufacturers whose products gain Food and Drug Administration marketing approval are immune from tort liability in state court solely on the basis of their FDA approval. This pre-emption protection applies both to claims of direct damages caused by the product and as well as indirect damages claims.The recent 8-1 U.S. Supreme Court decision in Riegel v. Medtronic, Inc. upheld the manufacturer’s contention that the pre-emption provision in the 1976 (...) Medical Device Amendments of 1976 to the 1938 Federal Food, Drug and Cosmetic Act completely precluded civil damages suits by injured plaintiffs in state court. Justice Ginsburg was the lone dissenter. (shrink)

The recent United States Supreme Court decision in Riegel v. Medtronic, Inc. affirmed the doctrine of pre-emption protection only for those medical devices reaching U.S. markets via the PMA process and preserved the previous Lohr v. Medtronic decision's lack of preemption protection for those medical devices marketed via the generally more abbreviated 510 clearance mechanism. This paper reviews the logic and faults of the Riegel decision and discusses the implications of the Riegel decision for pre-emption protection for other classes of (...) FDA-approved medical products. (shrink)

Gathering thoughts -- Teachers who inspired me -- What am I? : Montessori? Steiner? eclectic? : Is it important? -- Which comes first? : a philosophical framework, theory and research evidence : what do teachers and other practitioners need to bring out their best work -- Working with principles which are interpreted and embedded in articulated practice -- The importance of parent partnership and the development of moral values and self-discipline -- Play : a very complex thing -- Finding how (...) to position myself in relation to play -- Inclusion : commonalities, differences"fragmentation or wholeness?"-- Cultivating creativity -- Remaining a generalist rather than becoming a specialist within one area of early childhood education -- Changing political climates -- How best to train teachers of young children -- Remaining a Froebelian but still exploring why and wondering "will I always be one?". (shrink)

In their target article, “Proposed Principles for International Bioethics Conferencing: Anti-Discriminatory, Global, and Inclusive,” Jecker et al. (2024) highlight the growing international scope o...

The book examines what advocates of the law of karma mean by the doctrine, various ways they interpret it, and how they see it operating. The study investigates and critically evaluates the law of karma's connections to significant philosophical concepts like causation, freedom, God, persons, the moral law, liberation, and immortality. For example, it explores in depth the implications of the doctrine for whether we are free or fatalistically determined, whether human suffering can be reconciled with cosmic justice, the nature (...) of the self, and the character of moral experience. (shrink)

Over the course of his work, Graham Oppy developed numerous important criticisms of versions of the cosmological argument. Here I am not concerned with his specific criticisms of cosmological arguments but rather with his claim that cosmological arguments per se are not good arguments, for they provide no persuasive reason for believing the conclusion that God exists and are embedded in theories that already affirm the conclusion. I explore what he believes makes an argument good, contend that cosmological arguments can (...) have functions within worldviews other than persuasion, and consider his recent modifications of the discussion that address competing worldviews. (shrink)

The version uploaded to this site is a late draft. The paper arises both from William L. Rowe's classic 1979 discussion of the problem of evil, argues that there exist instances of intense suffering which an omnipotent, omniscient being could have prevented without thereby losing some greater good or permitting some evil equally bad or worse, and also from Steven Wykstra's response, in the course of which he argues for the following Condition of Reasonable Epistemic Access (CORNEA): "On the basis (...) of cognized situation s, human H is entitled to claim 'It appears that p' only if it is reasonable for H to believe that, given her cognitive faculties and the use she has made of them, if p were not the case, s would likely be different in some way discernible by her." My paper discusses CORNEA, and proposes a replacement principle. (shrink)

Locates in Schelling a new understanding of our relation to nature in philosophy.

Why do states who are committed to the principle of civilian immunity and the protection of non-combatants end up killing and injuring large numbers of civilians during their military operations? Bugsplat explains this paradox through an in-depth examination of five conflicts fought by Western powers since 1989.

« Ce guide offre aux étudiants en formation initiale à l'enseignement, au personnel enseignant en poste, à leurs formateurs et aux directions d'établissement scolaire les ressources nécessaires pour se frayer un chemin à travers les cadres éthiques et légaux complexes qui réglementent le quotidien de la pratique enseignante. ».

One of America's foremost philosophers reflects on the discipline and its relation to everyday life.

The second edition of The Great Psychotherapy Debate has been updated and revised to include a history of healing practices, medicine, and psychotherapy, an expanded theoretical presentation of the contextual model, an examination of therapist effects, and a thorough review of the research on common factors such as the alliance, expectations, and empathy.

Volume 1: A-B -- Volume 2: C-E -- Volume 3: F-I -- Volume 4: J-O -- Volume 5: P-R -- Volume 6: S-X.

In Philosophy as Frustration: Happiness Found and Feigned from Greek Antiquity to Present Bruce Silver argues that traditional philosophical views of happiness, as well as recent psychological theories of happiness, are at odds with themselves and with important accounts of a truly happy life.

This chapter examines the role of Soren Kierkegaard in the so-called Danish Golden Age from 1800 to 1850, which was marked by a remarkable outpouring of artistic, scientific, literary, philosophical, and theological productivity. It explains that Kierkegaard, together with Hans Christian Andersen, belongs to the third generation of this Golden Age. The chapter considers the major works of Kierkegaard and Andersen, who were the two most prominent figures of the Golden Age both in and outside Denmark.

Introduction -- Methodology and method -- Present educational ethics -- Archaeology and genealogy -- Power and subjectivity -- Educational ethics -- Implications and conclusion.

The idea that there are three types of argumentation, deduction, induction, and a third type variously called hypothesis, abduction, or retroduction, first appeared in an 1867 paper by Charles S. Peirce, “On the Natural Classification of Arguments”. According to Peirce’s tripartite division of argumentation, induction is not merely any form of argument that fails to be deductive, but argumentation that generalizes from a sample. In later writings Peirce broadened his notion to mean any testing of hypotheses through observation—as Peirce said, (...) “trying how things will act”. If we understand an observation to be a sample of experience, as Peirce did in 1901 (R L 409:3... (shrink)

This volume explores leadership as a form of loving one’s employees, centering on the biblical concepts of Agapao and Agape. It is organized into three parts: Part 1 examines biblical principles about Agapao and Agape; Part 2 employs Positive Organizational Scholarship (POS) to identify the role of love in organizational contexts; Part 3 offers case studies illustrating instances of love demonstrated by biblical figures in organizational and familial settings. Aligned with POS research, the book accentuates positive, life-giving, and conditions fostering (...) human flourishing within organizations. This scholarly endeavor contributes to advancing research in areas such as work relationships, workplace spirituality, meaningful work, and the role of leadership in improving organizational performance. (shrink)

Cosmopolitanism, new and newer : Anthony Appiah -- Noam Chomsky's golden rule -- Blaming the system : Immanuel Wallerstein -- The sweatshop sublime -- Edward Said and effort -- Intellectuals in public, or elsewhere -- War without belief : Louis Menand's The Metaphysical Club -- Comparative national blaming : W.G. Sebald and the bombing of Germany.

Diving into the Gospel of John displays the rich and diverse arguments John presents for his thesis that Jesus is the Messiah, the Son of God, and that through believing, readers/listeners will find eternal life. John’s arguments are developed in four parts. The first two chapters develop the author’s literary techniques that are often based on ambiguity and his key symbols and concepts, the understanding of which are essential to fully appreciate the Gospel. Chapters three through six progressively portray the (...) author’s evidence for his thesis in the form of signs, testimony of those who encounter Jesus, Jesus’s self-identification, and Jesus’s relationships to others. Chapters seven and eight show how the author uses theatrically-patterned dialogues and triadic discourses to convey Jesus’s identity and mission. Finally, chapters nine through eleven provide important hints that the author gives for his thesis: Jesus’s appeals to time, the indirect use of seven as the number of completeness, and invocation of parentage in pointing to salvation. Through diving into the Gospel, readers will discover the richness of John’s argument, the Jesus he portrays, and the God Jesus reveals. The book aims to stimulate commitment, challenge mind and spirit, and encourage further study and conversation. (shrink)

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.

In this book the author examines the stubborn philosophical belief in moral responsibility, surveying the philosophical arguments for it, but focusing on the system that supports these arguments: powerful social and psychological factors that hold the belief in moral responsibility firmly in place.--Publisher's description.

The moral order of the world - In ancient and modern thought is an unchanged, high-quality reprint of the original edition of 1899. Hansebooks is editor of the literature on different topic areas such as research and science, travel and expeditions, cooking and nutrition, medicine, and other genres. As a publisher we focus on the preservation of historical literature. Many works of historical writers and scientists are available today as antiques only. Hansebooks newly publishes these books and contributes to the (...) preservation of literature which has become rare and historical knowledge for the future. (shrink)

ABSTRACT Alchemy is part of the cultural experience of early modern Europe and yet has had to overcome problems of demarcation to be considered relevant to the history of science. This essay considers historiographical and methodological issues that have affected the gradual demarginalization of alchemy among attempts to explain, and find things out about, nature. As an area of historical study, alchemy relates to the history of science as part of an ensemble of practices that explored the natural world through (...) natural philosophy and speculative traditions and by functioning as a nexus of social and intellectual life. (shrink)

ABSTRACT Alchemy is part of the cultural experience of early modern Europe and yet has had to overcome problems of demarcation to be considered relevant to the history of science. This essay considers historiographical and methodological issues that have affected the gradual demarginalization of alchemy among attempts to explain, and find things out about, nature. As an area of historical study, alchemy relates to the history of science as part of an ensemble of practices that explored the natural world through (...) natural philosophy and speculative traditions and by functioning as a nexus of social and intellectual life. (shrink)

An indispensable collection that re-examines what it means to belong in the world. "Where are you from?" The word cosmopolitan was first used as a way of evading exactly this question, when Diogenes the Cynic declared himself a “kosmo-polites,” or citizen of the world. Cosmopolitanism displays two impulses—on the one hand, a detachment from one’s place of origin, while on the other, an assertion of membership in some larger, more compelling collective. Cosmopolitanisms works from the premise that there is more (...) than one kind of cosmopolitanism, a plurality that insists cosmopolitanism can no longer stand as a single ideal against which all smaller loyalties and forms of belonging are judged. Rather, cosmopolitanism can be defined as one of many possible modes of life, thought, and sensibility that are produced when commitments and loyalties are multiple and overlapping. Featuring essays by major thinkers, including Homi Bhabha, Jean Bethke Elshtain, Thomas Bender, Leela Gandhi, Ato Quayson, and David Hollinger, among others, this collection asks what these plural cosmopolitanisms have in common, and how the cosmopolitanisms of the underprivileged might serve the ethical values and political causes that matter to their members. In addition to exploring the philosophy of Kant and the space of the city, this volume focuses on global justice, which asks what cosmopolitanism is good for, and on the global south, which has often been assumed to be an object of cosmopolitan scrutiny, not itself a source or origin of cosmopolitanism. This book gives a new meaning to belonging and its ground-breaking arguments call for deep and necessary discussion and discourse. (shrink)

Transcendentalism and the secular turn -- Transcendentalism in the postwar years -- Gender, reform, and ridicule -- Charles Ives : sound -- Joseph Cornell : things -- Truman Nelson : rage -- Beston, Oliver, Dillard, and fluid transcendentalism.

Hume, in the Enquiry Section X Part 1, claims that ’all probability supposes an opposition of experiments and observations, where one side is found to overbalance the other and to produce a degree of evidence proportioned to the superiority’. He concludes that in assessing miracle-claims one should weigh the historical testimony supporting the miracle against the testimony supporting the regularity to which it is an exception. I argue that both his premise and his conclusion are false.

This book explores the view that normative behaviour is part of a complex of social mechanisms, processes and narratives that are constantly shifting. From this perspective, norms are not a kind of self-contained social object or fact, but rather an interplay of many things that we label as norms when we 'take a snapshot' of them at a particular instant. Further, this book pursues the hypothesis that considering the dynamic aspects of these phenomena sheds new light on them. The sort (...) of issues that this perspective opens to exploration include: Of what is this complex we call a "social norm" composed of? How do new social norms emerge and what kind of circumstances might facilitate such an appearance? How context-specific are the norms and patterns of normative behaviour that arise? How do the cognitive and the social aspects of norms interact over time? How do expectations, beliefs and individual rationality interact with social norm complexes to effect behaviour? How does our social embeddedness relate to social constraint upon behaviour? How might the socio-cognitive complexes that we call norms be usefully researched? (shrink)

This paper has been superseded by Chapter 5 (especially section 5.4) of my book "God, the Best, and Evil" (OUP 2008). The chapter, like the journal article, is concerned with objections to the existence of God that are based on the apparent improvability of the world, yet are independent of the problem of evil.

This chapter contains sections titled: Philosophy of Religion Metaphysics Epistemology Ethics Philosophy of Mind Science and Language How to Use This Book.