In Vencor, Inc. v. National States Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that a Medigap insurance provider was only obligated to pay the rates that Medicare would have paid for the same care.Clarence Rollins purchased a Medigap insurance policy from National States Insurance Company to supplement his Medicare coverage. When Rollins became ill and required care beyond that which Medicare would cover, he received his medical treatment from Vencor Hospital-Phoenix. Upon Rollins's death, NSIC paid (...) Vencor $38,760. Vencor claimed that NSIC owed an additional $132,438 because NSIC was not entitled to the lower care rates established by Medicare. NSIC refused to pay Vencor's higher rates. As a result, Vencor sued NSIC for breach of contract.The U.S. District Court for the District of Arizona held, on a motion for summary judgment, that no breach occurred, and that NSIC was obligated to pay only the lower rates established by Mediare. The Ninth Circuit affirmed this decision. (shrink)

In Vencor, Inc. v. National States Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that a Medigap insurance provider was only obligated to pay the rates that Medicare would have paid for the same care.Clarence Rollins purchased a Medigap insurance policy from National States Insurance Company to supplement his Medicare coverage. When Rollins became ill and required care beyond that which Medicare would cover, he received his medical treatment from Vencor Hospital-Phoenix. Upon Rollins's death, NSIC paid (...) Vencor $38,760. Vencor claimed that NSIC owed an additional $132,438 because NSIC was not entitled to the lower care rates established by Medicare. NSIC refused to pay Vencor's higher rates. As a result, Vencor sued NSIC for breach of contract.The U.S. District Court for the District of Arizona held, on a motion for summary judgment, that no breach occurred, and that NSIC was obligated to pay only the lower rates established by Mediare. The Ninth Circuit affirmed this decision. (shrink)

In two experiments, we investigated whether 13-month-old infants expect agents to behave in a way consistent with information to which they have been exposed. Infants watched animations in which an animal was either provided information or prevented from gathering information about the actual location of an object. The animal then searched successfully or failed to retrieve it. Infants’ looking times suggest that they expected searches to be effective when—and only when—the agent had had access to the relevant information. This result (...) supports the view that infants’ possess an incipient metarepresentational ability that permits them to attribute beliefs to agents. We discuss the viability of more conservative explanations and the relationship between this early ability and later forms of ‘theory of mind’ that appear only after children have become experienced verbal communicators. (shrink)

In this paper, I explore the question of how the costs of undertaking an important type of climate change mitigation should be shared amongst states seeking an environmentally effective and equitable response to global climate change. While much of the normative literature on climate mitigation has focused on burden sharing within the context of reductions in emissions of greenhouse gas, I explore the question of how the costs of protecting tropical forests in order to harness their climate mitigation potential should (...) be distributed amongst developing and developed states. In response to this question, I outline and defend a ‘beneficiary pays’ account of forestry mitigation burden sharing that requires affluent states to finance measures supporting avoided deforestation while less affluent states, within whose territory these forests tend to be located, implement these measures. The normative basis for this account, I argue, is a principle of ‘unjust enrichment’ according to which developed states must bear much of the cost of avoided deforestation for its climate mitigation potential because of the huge economic benefits their citizens have accumulated from productive activities that have contributed to climate change. (shrink)

Alain Badiou is one of the leading philosophers in the world today. His ground-breaking philosophy is based on a creative reading of set theory, offering a new understanding of what it means to be human by promoting an 'intelligence of change'. Badiou's philosophical system makes our capacity for revolution and novelty central to who we are, and develops an ethical position that aims to make us less anxious about this very capacity. This book presents a comprehensive and engaging account of (...) Badiou's philosophy, including an in-depth discussion of _The Theory of the Subject_, _Being and Event_ and _Logics of Worlds_. In a clear and careful analysis, Ed Pluth considers exactly how Badiou's theoretical 'anti-humanism' is linked up to what is, for all intents and purposes, a practical humanism. Central to this is an account of Badiou’s theory of the subject, and his attempt to develop an 'ethic of truths'. The role of set theory, Marxism, and Lacanian psychoanalysis in Badiou's philosophy is also given close attention. This book will be of interest to students and scholars of philosophy, as well as to all those keen to develop a critical understanding of one of the most controversial and important thinkers of the twentieth century. (shrink)

The ethical frameworks of consequentialism and formalism predict moral awareness and behavior in individuals, but current measures either do not treat these frameworks as independent or lack sufficient theoretical underpinnings and statistical dependability. This paper presents the development and validation of a new scale to measure consequentialism and formalism that is well grounded in prior research. The Ethical Standards of Judgement Questionnaire is validated via six studies. Measurement items are developed in the first three studies, which also confirm the need (...) to eliminate a unidimensional measure and evaluate these frameworks separately. The fourth study addresses discriminant validity and the two remaining studies provide insight into how consequentialism and formalism predict the degree to which behaviors are deemed acceptable by individuals in the context of consumer beliefs and religious beliefs. Suggested uses for the scale in both academia and organizations are presented. (shrink)

This book draws together the latest work from scholars around the world using subjective well-being data to understand and compare well-being across countries and cultures. Starting from many different vantage points, the authors reached a consensus that many measures of subjective well-being, ranging from life evaluations through emotional states, based on memories and current evaluations, merit broader collection and analysis. Using data from the Gallup World Poll, the World Values Survey, and other internationally comparable surveys, the authors document wide divergences (...) among countries in all measures of subjective well-being, The international differences are greater for life evaluations than for emotions. Despite the well-documented differences in the ways in which subjective evaluations change through time and across cultures, the bulk of the very large international differences in life evaluations are due to differences in life circumstances rather than differences in the way these differences are evaluated. (shrink)

Envy and Jealousy in Classical Athens examines the sensation, expression, and literary representation of envy and jealousy in Classical Athens.

The ethical frameworks of consequentialism and formalism predict moral awareness and behavior in individuals, but current measures either do not treat these frameworks as independent or lack sufficient theoretical underpinnings and statistical dependability. This paper presents the development and validation of a new scale to measure consequentialism and formalism that is well grounded in prior research. The Ethical Standards of Judgement Questionnaire is validated via six studies. Measurement items are developed in the first three studies, which also confirm the need (...) to eliminate a unidimensional measure and evaluate these frameworks separately. The fourth study addresses discriminant validity and the two remaining studies provide insight into how consequentialism and formalism predict the degree to which behaviors are deemed acceptable by individuals in the context of consumer beliefs and religious beliefs. Suggested uses for the scale in both academia and organizations are presented. (shrink)

François Laruelle's writing on Non-Photography is examined from its ontological condition to its desired form of a unity derived from the work of Kant, discussing precisely how the logic of transcendence and the ontology of immanence central to Laruelle's theory impact on how the photographic image is incontrovertibly involved with Kant's paradox of appearance and reality. In a context of burgeoning technoscience, which lays bare the meaning of Non-Photography for the seemingly impossible reversion to actual photography, the article goes on (...) to consider Photo-Fiction in the context of the Real of science now yoked to an economy of technical models. But by foreclosing the Kantian Real by fractal‐virtual ratio, does not this science reify the Real of Identity and displace real photography with a photography in the Real? The article thus questions how Laruelle's' thesis hangs together in terms of its cause and the contingency of effect that infuses Laruelle's radical aesthetic. (shrink)

Smell 'sensations' are among the most mysterious of conscious experiences, and have been cited in defense of the thesis that the character of perceptual experience is independent of the physical events that seem to give rise to it. Here we review the scientific literature on olfaction, and we argue that olfaction has a distinctive profile in relation to the other modalities, on four counts: in the physical nature of the stimulus, in the sensorimotor interactions that characterize its use, in the (...) structure of its intramodal distinctions and in the functional role that it plays in people's behaviour. We present two thought experiments in which we detail what would be involved in transforming sounds into smells, and also smells into colours. Through these thought-experiments, we argue that the experiential character of smell derives precisely from the structural features of olfaction, and that an embodied account of olfactory phenomenology is called for. (shrink)

Situates Lacan’s theory of the subject within contemporary philosophical debates over freedom and agency.

This book promotes a Lacanian approach to silence, arguing that Lacanian psychoanalysis is distinctive for putting a high value on both silence and language. Unlike other disciplines and discourses the authors do not treat silence as a mystical-impossible beyond, at the cost of demoting the value of language and thought. Rather than treating silence with awe and wonder, this book puts silence to work, and it does so in order to deal with the inevitable alienation that comes with becoming speaking-beings. (...) This illuminating book will be of great interest to scholars of Lacan and the psychosocial, as well as more broadly to philosophers and linguists alike. (shrink)

Under the normal assumptions of quantum field theory, Haag’s theorem states that any field unitarily equivalent to a free field must itself be a free field. Unfortunately, the derivation of the Dyson series perturbation expansion relies on the use of the interaction picture, in which the interacting field is unitarily equivalent to the free field but must still account for interactions. Thus, the traditional perturbative derivation of the scattering matrix in quantum field theory is mathematically ill defined. Nevertheless, perturbative quantum (...) field theory is currently the only practical approach for addressing scattering for realistic interactions, and it has been spectacularly successful in making empirical predictions. This paper explains this success by showing that Haag’s Theorem can be avoided when quantum field theory is formulated using an invariant, fifth path parameter in addition to the usual four position parameters, such that the Dyson perturbation expansion for the scattering matrix can still be reproduced. As a result, the parameterized formalism provides a consistent foundation for the interpretation of quantum field theory as used in practice and, perhaps, for better dealing with other mathematical issues. (shrink)

Four men in a cell in Rebibbia prison, Rome, awaiting trial on serious charges of subversion. One of them, the political thinker Antonio Negri, spends his days writing. Among his writings are twenty letters addressed to a young friend in France letters in which Negri reflects on his own personal development as a philosopher, theorist and political activist and analyses the events, activities and movements in which he has been involved. The letters recount an existential journey that links a rigorous (...) philosophical education with a powerful political passion, set against the historical backdrop of postwar Italy. Crucially, Negri recalls the pivotal moment in 1978 when the former prime minister of Italy, Aldo Moro, was kidnapped and killed by the Red Brigades, and how the institutions then pinned that killing onto him and his associates. Published here for the first time, these letters offer a unique and invaluable insight into the factors that shaped the thinking of one of the most influential political theorists of our time and they document Negri’s role in the development of political movements like Autonomia. They are a vivid testimony to one man’s journey through the political upheavals and intellectual traditions of the late 20th century, in the course of which he produced a body of work that has had, and continues to have, a profound impact on radical thought and politics around the world. (shrink)

Roland Barthes remains one of the most influential cultural theorists of the postwar period and Image-Music-Text is his most widely taught work. Ed White provides students with a clear guide to this essential but difficult text. As students are increasingly expected to write across a range of media, Barthes' work can be understood as an early mapping of what we now call interdisciplinary or multidisciplinary study. The book's detailed section-by-section readings makes Barthes' most important writings accessible to undergraduate readers. This (...) book is a perfect companion for teaching and learning Barthes ideas in cultural studies and literary theory. (shrink)

ED MACAN considers whether progressive rock is inextricably linked to a specific political ideology. Progressive rock emerged out of the late sixties British hippie movement. Its politics, though influenced by the left, were never monolithic. Using the late nineteenth-century philosophical/cultural phenomenon of "Wagnerism" as a point of reference, Macan demonstrates that progressive rock's impact was primarily a result not of its nebulous political ideology, but of its aesthetic stance, which stresses individualism, idealism, authenticity, and art-as-transcendence. In keeping with its Romantic (...) ethos of transcendence and a utopian politics, progressive rock subjected philosophical, cultural, and social opposites to a Hegelian synthesis. (shrink)

Drawing on a range of case studies worldwide, including 'profit with purpose' businesses such as co-operatives, this short guide reveals how to make a success of values. By unpacking what we mean by values and ethics, and setting out a series of practical approaches, Ed Mayo presents how values can become a natural part of commercial life. This book identifies both the pitfalls and the potential of bringing values into the heart of an organization, from a bank that responds to (...) an ethical crisis to a fast-growing worker co-operative founded on the values of equality. The values that guide your business are not necessarily the ones that are written down, or that you would expect. There is no right or wrong set of values, but there is power and potential in making the most of the values that are right for the business you are in. By reading Values: How to Bring Values to Life in Your Business, you will find out more about the business that you are, and the business that you could be." -- Back cover. (shrink)

Can literature make it possible to represent histories that are otherwise ineffable? Making use of the Deleuzian concept of “the powers of the false,” Doro Wiese offers readings of three novels that deal with the Shoah, with colonialism, and with racialized identities. She argues that Jonathan Safran Foer’s _Everything Is Illuminated_, Richard Flanagan’s _Gould’s Book of Fish_, and Richard Powers’s _The Time of Our Singing _are novels in which a space for unvoiced, silent, or silenced difference is created. Seen through (...) the lens of Deleuze and his collaborators’ philosophy, literature is a means for mediating knowledge and affects about historical events. Going beyond any simple dichotomy between true and untrue accounts of what “really” happened in the past, literature’s powers of the false incite readers to long for a narrative space in which painful or shameful stories can be included. (shrink)

ABSTRACT In order to explore what it means to pursue philosophical investigations for theological reasons, this paper argues that Ludwig Wittgenstein continues and corrects Pseudo-Denys’ project in The Divine Names. I first argue that The Divine Names should be interpreted as attempting to render human thought transparent to the divine by relativizing our concepts. The success of this project is compromised because the concept of ‘unity’ is not relativized. I then develop the claim that Wittgenstein does relativize unity in a (...) similar way and for similar religious reasons to Pseudo-Denys. As such, he can be read as continuing and correcting the Pseudo-Dionysian project. I conclude by reflecting on several of this argument’s implications for the relationship between philosophy and Christian systematic theology. (shrink)

This popular choice for introductory philosophy courses again offers primary source readings woven into a text that is organized by key questions in philosophy. The discussion of each question is presented in a logical and historical light, showing connections, roots and influences. The clarity of the presentation and the successful student pedagogical aids provide an accessible, guided introduction to philosophy for college students.