The Patient Protection and Affordable Care Act of 2010 is the law of the land. But it faces an uncertain future.During congressional deliberations on the 2,700-page legislation leading up to its enactment, from February to March 2010, not one major survey recorded majority support for the legislation. Since its enactment, popular opposition to the Affordable Care Act has hardened, and was a significant factor in the 2010 congressional election, in which Democrats lost 63 seats and Republicans regained the majority in (...) the House of Representatives. Ballot initiatives in Missouri and Ohio, showcasing popular opposition to the individual mandate, passed in 2010 with overwhelming majorities. While the United States Supreme Court in National Federation of Independent Business et al. v. Sebelius, 132 S. Ct. 2566, declared the mandate on the states to expand Medicaid unconstitutionally coercive, the majority of the Justices also upheld the individual mandate as a permissible tax. The new law thus emerged as a central topic in the 2012 election. (shrink)

The current health care system is not operating with a properly functioning market. Health care costs are hidden and often shifted, consumers and providers are insulated from the economic consequences of their decisions, and costs therefore go up dramatically. Instead of attacking both the structural deficiencies and the consequent inequities of the current employer based insurance system, the Clinton Plan simply expands them, and adds a heavier level of government regulation. The ultimate choice for the public is between a health (...) care system based on consumer choice or a government controlled system. In pursuing a market based health care reform that enhances personal freedom and responsibility, two ethical principles are served. First, American consumers will be made aware of the true costs of health care services, and market forces will thus introduce incentives on the part of providers to control costs. Second, justice will be served; for not only will providers of medical services receive their due, but public policy makers can target relief more effectively to those who need it most. Keywords: Clinton health plan, free market, freedom, responsibility CiteULike Connotea Del.icio.us What's this? (shrink)

Some of the most invidious injustices are seemingly the results of impersonal workings of rigged social structures. Who bears responsibility for the injustices perpetrated through them? Iris Marion...

"How do we experience time? What do we use to experience it?In a series of remarkable experiments, Robert Ornstein shows that it is difficult to maintain an “inner clock” explanation of the experience".

In the 1930s Warburg's spare prose and disciplined respect for the facts set the style for a new generation of biochemists who had not known the conceptual revolutions of earlier years. Led by Warburg, they rejected the excesses of the colloid school and the false starts of the teens and twenties. Talk of active structure virtually disappeared as chemists began to identify enzymes, coenzymes, vitamins, and hormones. In the gradual transformation of the Atmungsferment from an ironcolloid complex to a specific (...) haem-protein, the roots of Warburg's inspiration were readily forgotten-the richer and more varied intellectual currents of the early decades of biochemistry. Experimental cytology and pharmacology were important strands. Most of what Warburg was doing on narcosis from 1908 to 1912 was typical of this school. He was deeply influenced by Loeb and his theory of the fertilization membrane. In the period from 1900 to 1914 the ups and down of belief in Hofmeister's enzyme theory was an important trend which helped determine the style of biochemistry in later decades. Warburg's conception of the Atmungsferment was shaped by the general reaction c. 1910 against Buchner's optimistic view. Warburg's Heidelberg lecture was framed as an answer to Hofmeister's lecture of 1901 and turned out almost as an imitation or second edition of it. It was a style that was soon out of fashion. The affinity between the early concept of enzymes and the old concept idea of “living protein” should not be neglected in discussions of Warburg's distaste for “enzymology.” The colloid school is too easily dismissed as a mere impediment to the chemical triumphs of the 1930s. Warburg's Atmungsferment was obviously colored by the colloidal cast of biochemical thought in 1912. The Atmungsferment represented, in short, a hybrid transition from the romantic biochemistry of the period 1900–1925 to the mature, classical of the 1930s. It is fascinating precisely because it reflects, and refracts through a unique and powerful mind, the varied local traditions of the early history of modern biochemistry. (shrink)

There are two classic principles for deciding who should have a right to vote on the laws, the All Affected Principle and the All Subjected Principle. This article is devoted, firstly, to providing a sympathetic reconstruction of the All Subjected Principle, identifying the most credible account of what it is to be subject to the law. Secondly, it shows that that best account still suffers some serious difficulties, which might best be resolved by treating the All Subjected Principle as a (...) subset of the All Affected Principle with which the All Subjected Principle must in any case be supplemented. (shrink)

Integrity is a central topic in business ethics, and in the world of business it is quite possibly the most commonly cited morally desirable trait. But integrity is conceived in widely differing ways, and as often as it is discussed in the literature and given a central place in corporate ethics statements, the notion is used so variously that its value in guiding everyday conduct may be more limited than is generally supposed. Two central questions for this paper are what (...) work the notion does and whether it does any ethical work that is not done better by other concepts. In pursuing these questions the paper explores the most plausible range of understandings of integrity found in recent literature, considers in what sense it is a virtue, and proposes a strategy of clarification and interpretation that can facilitate both ethical reflection and the guidance of moral conduct in business. (shrink)

Elsewhere I have defended utilitarianism as a philosophy peculiarly well suited to the conduct of public affairs, on grounds of the peculiar tasks and instruments confronting public officials. Here I add another plank to that defence of ‘utilitarianism as a public philosophy’, focusing on the peculiar role responsibilities of people serving in public capacities. Such ‘public service utilitarianism’ is incumbent not only upon public officials but also upon individuals in their capacities as citizens and voters. I close with reflections on (...) how best to evoke appreciation of these utilitarian role responsibilities from officials and electors alike. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

In his seminal work, McTaggart :457–484, 1908; The nature of existence, Cambridge University Press, Cambridge, 1927) dismissed the possibility of understanding the B-Relations as irreducibly temporal relations, and with it dismissing the B-Theory of time, which assumes the reality of irreducible B-relations. Instead, he thought they were mere constructions from irreducible A-determinations and timeless ordering relations. However, since, philosophers have almost universally dismissed his dismissal of irreducible B-relations. This paper argues that McTaggart was correct to dismiss the possibility of B-relations, (...) and that would be B-theorists should be C-theorists and its concomitant commitment to the unreality of time. I do this by first elaborating C-Theory, noting that B-relations appear indiscernible from C-relations on close examination. This establishes an onus on B-theorists to distinguish B-relations from C-relations by elaborating the distinctively temporal character of the former. I then present a problem for the possibility of accommodating temporal character in B-relations. Following this, I question from whence derives our sense of the temporal character that purportedly resides in the irreducible B-relations. Finally, I extend the challenge against irreducible B-relations to a series of irreducible abstract temporal relations—so called Ersatz-B-Relations—modelled on them. (shrink)

Social contract theory offers a powerful method and metaphor for the study of organizational ethics. This paper considers the variant of the social contract that has arguably gained the most attention among business ethicists: integrative social contracts theory or ISCT [Donaldson and Dunfee: 1999, Ties That Bind (Harvard Business School Press, Boston)]. A core precept of ISCT – that consent to membership in an organization entails obligations to follow the norms of that organization, subject to the moral minimums of basic (...) human rights – is a reasonable and appealing notion. One potential challenge for those attempting to apply this idea, however, lies in the dynamic nature of social norms. Organizational norms evolve, often through the conscious efforts of community members and leaders. As currently formulated, ISCT offers a framework that under-appreciates the evolving nature of moral norms. In this paper, we extend ISCT by considering the circumstances under which the terms of and parties to social contracts change. We also consider a number of principles that should be considered as the terms and parties to organizational social contracts change. (shrink)

Integrity is a central topic in business ethics, and in the world of business it is quite possibly the most commonly cited morally desirable trait. But integrity is conceived in widely differing ways, and as often as it is discussed in the literature and given a central place in corporate ethics statements, the notion is used so variously that its value in guiding everyday conduct may be more limited than is generally supposed. Two central questions for this paper are what (...) work the notion does and whether it does any ethical work that is not done better by other concepts. In pursuing these questions the paper explores the most plausible range of understandings of integrity found in recent literature, considers in what sense it is a virtue, and proposes a strategy of clarification and interpretation that can facilitate both ethical reflection and the guidance of moral conduct in business. (shrink)

Part Three of the Proceedings of the Fifth International Congress of Logic, Methodology and Philosophy of Science, London, Ontario, Canada, August 27-September 2, 1975.

Part four of the Proceedings of the fifth International Congress of Logic, Methodology and Philosophy of Science, London, Ontario, Canada, August 27-September 2, 1975.

Discusses the metaphysical themes of Bergman's films, analyzes his major works, and attempts to explain his philosophy.

This essay outlines an explanatory virtue of presentism: its unique ability amongst temporal metaphysics to deliver a partial explanation of the conservational character of natural laws. That explanation relies on presentism, uniquely amongst temporal metaphysics, being able to support an endurantist account of persistence. In particular, after reconsidering a former argument for endurantism entailing presentism by Merricks, a new argument for this entailment, is expounded. Before delivering the explanation of the conservational character of natural laws, a brief account of that (...) explanandum is given, followed by an elaboration of the wider significance of an explanation for the conservational character for natural laws, particularly for the dispositional essentialist project of nomic reductionism, and explaining the non-simultaneity of causation. (shrink)

This paper reports the results of a pilot study of differences in ethical evaluations between business faculty and students at a Southern university. Data were collected from 137 business students (46 freshmen and 67 seniors) and 34 business faculty members. Significant differences were found in 7 of the 30 situations between freshmen and faculty and four situations between seniors and faculty. When the combined means for each group were tested, there was no significant difference in the means at the 0.05 (...) level of significance. A trend was revealed, however, in that the majority of the time faculty members were the most ethically oriented followed by seniors and then freshmen. (shrink)

This paper elaborates the problem of temporal unity for dynamic presentism and diagnoses the source of that problem in the dynamic presentist’s discarding the traditional C-series in its avoidance of McTaggart’s A-series paradox. This C-series provided the fixed structure of time which the transitory aspects of time then followed, and thereby unify those transitory aspects. It then considers ersatzer presentism as an ostensible solution to the problem of temporal unity by providing a new abstract C-series for dynamic presentism. However, after (...) a closer examination of the details of this proposal, it is found that the ersatz-B-series itself needs to be temporally variable to capture the transitory aspects of time that it is meant to track. Consequently, it cannot provide the fixed structure of time required to unify the transitory aspects of time into a temporal series. It is therefore suggested that dynamic presentists look for a more course-grained determiner of temporal progression to construct the presentist-friendly C-series required to unify their transitory aspects of time. (shrink)

Robert E. Butts (1928-1997) was a philosopher and historian of science whose central concerns were the distinction between the rational and the irrational. He viewed scientific rationality as our major defence against the various conditions that encourage witch hunts and similar outbursts of irrationality, with all their attendant pain and terror. Butts saw himself as a pragmatic realist, combining what he took to be the best aspects of logical empiricism with a historically informed pragmatism, deeply appreciative of the methods (...) of science, trying to describe a kind of rationality essential in the struggle to preserve human values. This volume gathers previously unpublished essays and lectures with some previously published, thematically related essays. It includes essays and lectures on philosophical aspects of the European witch hunt, on scientific rationality and methodology, and on the relationships between science and philosophy exhibited in the writings of such historically significant figures as Leibniz, D'Alembert, Hume, Kant, Carnap and Kuhn. (shrink)

We have no general duty to help others do their duty. But arguably we do, for a combination of agency-based and outcome-based reasons, have a general duty to let others do their duty. Our duty is derived from the other’s duty, but it is none the worse for being so. It is best seen as a duty, rather than as the upshot of some right or power of the other that would preclude us from insisting that the others do their (...) duty. Finally, our duty to let others do their duty is owed primarily to those toward to whom the others’ duty is owed, rather than to those whom we should allow to do their duty. (shrink)

Some say that consent is essentially just a state of mind. Others say it is essentially just a communication. Many say it is both. I say it is neither. Instead it is an act, or rather a pair of acts—an internal mental act in the first instance, an external performative act in the second. Each of those acts is an act of commitment, intrapersonally in the first case and interpersonally in the second. The content of the commitment is, familiarly enough, (...) to give permission to someone else to do something that it would be wrong for them to do without your permission. The novelty lies in seeing consent as an act of commitment in those two dimensions and in seeing those as commitments that persist until and unless undone by an act of a similar sort. (shrink)

Unsuccessful Adaptations Another Approach: Deliberation Within Dangers of Internal Deliberation Informing the Democratic Imagination From Democratic Deliberation to Democratic Legitimacy Notes.

For 35 years, the critical and creative writings of Robert E. Butts have been a notable and welcome part of European and North American philosophy. A few years ago, James Robert Brown and Jiirgen Mittelstrass feted Professor Butts with a volume entitled An Intimate Relation (Boston Studies vol. 116, 1989), essays by twenty-six philosophers and historians of the sciences. And that joining of philosophers and historians was impressive evidence of the 'intimate relation' between historical illumination and philosophical understanding (...) which is characteristic of Butts throughout his work. Not alone, Butts has been, and is, one of this generation's most incisive thinkers, devoted to responsible textual scholarship and equally responsible imaginative interpretation. Brown and Mittelstrass said that "throughout his writings, science, its philosophy, and its history have been treated as a seamless web", and I would add only that philosophy per se is a part of the web too. Here in this book before us are the results, a lovely collection from the work of Robert Butts, who is for so many of his colleagues, students and readers, Mr. HPS, the model philosophical historian and historical philosopher of the sciences. July 1993 Robert S. Cohen Center for Philosophy and History of Science, Boston University TABLE OF CONTENTS BIBLIOGRAPHICAL NOTE IX INTRODUCTION Xl PART I EARLY MODERN PHILOSOPHY OF SCIENCE 1 1. Some tactics in Galileo's propaganda for the mathematization of scientific experience 3 2. (shrink)

This paper considers a problem for dynamic presentism that has received little attention: its apparent inability to accommodate the duration of events. After outlining the problem, I defend presentism from it. This defence proceeds in two stages. First, I argue the objection rests on a faulty assumption: that duration is temporal extension. The paper challenges that assumption on several different ways of conceiving of temporal extension. This is the negative case and forms the bulk of the paper. Second, after diagnosing (...) the error leading to the identification of duration with temporal extension, I outline a new presentist-friendly account of duration that avoids the problem. In particular, a non-reductive account of duration is offered that treats it as a primitive quality which bestows its possessor with a certain modal quality: that the possessor potentially does not change whilst there are changes in its environs. This is the positive case. Together the positive and negative cases provide presentism with an interesting and novel way of overcoming the problem of duration. (shrink)

This collection of essays engages two of the most fundamental social and political issues of our time: community and identity. Wrestling with the perplexities of these two issues within the Africana world, the contributors delve into the influences of a postmodern world of globalization with outdated, crumbling forms of identity and sociality. In the wake of such an order, new forms of identity and community must be established. Birt has collected an informed group of contributors here, who lay the foundation (...) for a new approach to finding community and identity in the Africana world. (shrink)

In trust relationships, one person has a ‘beneficial interest’ in another’s performance. The former not only would but should benefit from the latter’s action, and the latter has a ‘fiduciary duty’ toward the former to so act. But where that act would otherwise be wrong, the first person’s beneficial interest would be providing a pro tanto reason for the second person to do something that is pro tanto wrong. That reason can – and should – be removed by the former (...) renouncing their beneficial interest in the latter’s pro tanto wrongful action. Doing so would cancel the fiduciary’s excuse for wrongdoing on the beneficiary’s behalf. (shrink)

Maximizing want-satisfactionper seis a relatively unattractive aspiration, for it seems to assume that wants are somehow disembodied entities with independent moral claims all of their own. Actually, of course, they are possessed by particular people. What preference-utilitarians should be concerned with is how people's lives go—the fulfilment of their projects and the satisfaction of their desires. In an old-fashioned way of talking, it ishappy peoplerather thanhappiness per sethat utilitarians should be striving to produce.

This paper considers a problem for dynamic presentism that has received little attention: its apparent inability to accommodate the duration of events (such as conscious experiences). After outlining the problem, I defend presentism from it. This defence proceeds in two stages. First, I argue the objection rests on a faulty assumption: that duration is temporal extension. The paper challenges that assumption on several different ways of conceiving of temporal extension. This is the negative case and forms the bulk of the (...) paper. Second, after diagnosing the error leading to the identification of duration with temporal extension, I outline a new presentist-friendly account of duration that avoids the problem. In particular, a non-reductive account of duration is offered that treats it as a primitive quality which bestows its possessor with a certain modal quality: that the possessor potentially does not change whilst there are changes in its environs. This is the positive case. Together the positive and negative cases provide presentism with an interesting and novel way of overcoming the problem of duration. (shrink)

abstract Even if a state would have been perfectly within its rights not to provide for people's welfare at all, it might still be wrong for it to exercise that discretion conditional upon something that claimants do (like ‘look for work’). What might make some conditions morally permissible and others impermissible? One answer is in terms of the consonance of the condition with the purposes of the policy. If a policy is supposed to be for one purpose — or, morally, (...) if it can be justified only by reference to one purpose — then that policy must not impose conditions that are appropriate only to some other purpose. It is an improper exercise of power for public officials to tack wholly inappropriate conditions onto programmes justified on some other grounds altogether. Tacking labour‐market conditions onto policies that are ostensibly designed to promote people's welfare can be a case in point. (shrink)

Dementia is a growing issue at the end of life that presents unique challenges for advance care planning. Advance directives are a useful and important component of end-of-life planning, but standard advance directives have less utility in cases of loss of capacity due to dementia. An advance directive designed to specifically address end-of-life issues in the setting of dementia can provide patients with increased autonomy and caregivers with improved information about the desires of the individual in question. The Dartmouth Dementia (...) Directive is a dementia-specific advance directive, available online, that seeks to address common concerns of individuals who are planning for dementia-related end-of-life care. This directive was piloted in a community-based workshop, which provided important details and perspective on the best use of dementia-specific advance directives in the greater population. (shrink)

This chapter contains sections titled: Cultural relativism Ethical absolutism A cognitive alternative to EA: ethical relativism External and internal objections to ER Finding the middle ground: pluralistic relativism Ethics in business Conclusion.