Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable (...) results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith. (shrink)

Here is a thoroughly updated edition of a classic in palliative medicine. Two new chapters have been added to the 1991 edition, along with a new preface summarizing where progress has been made and where it has not in the area of pain management. This book addresses the timely issue of doctor-patient relationships arguing that the patient, not the disease, should be the central focus of medicine. Included are a number of compelling patient narratives. Praise for the first edition "Well (...) written. . .should be read by everyone in medical practice or considering a career in medicine."---JAMA. "Memorable passages, important ideas, and critical analysis. This is a book that clinicians and educators should read."---New England Journal of Medicine. (shrink)

" Dr. Cassell discusses the world of the sick, the healing connection and healer's battle, the role of omnipotence in the healer's art, illness and disease, and ...

William Lawrence Tower’s work on the evolution of the Colorado Potato Beetle (_Leptinotarsa decemlineata_), documenting the environmental induction of mutation and speciation, made him a leading figure in experimental genetics during the first decade of the 20th century. His research program served as a model for other experimental evolution studies seeking to demonstrate the environmental modification of inheritance. Tower enjoyed the support of influential figures in the field, despite well-known problems that plagued Tower’s earlier academic career. The validity of his (...) genetic work, and other findings reported by Tower, were later challenged. The Tower affair illustrates how questionable and possibly fraudulent scientific practices can be tolerated to explore certain experimental directions and theoretical frameworks, particularly at the frontier of expanding disciplines. When needed, those explorations can be forestalled or extinguished by exploiting conspicuous vulnerabilities of rogue practitioners. In Tower’s case, both unrefuted allegations of scientific misconduct and personal problems dissolved his institutional support, leading to a swift ouster from academic science. Tower’s downfall discredited soft inheritance and neo-Lamarckian conceptions in the field of experimental genetics, facilitating the discipline’s embrace of a hard inheritance model that featured a hereditary material resistant to environmental modification. (shrink)

To the student of the recent history of theological ideas in the West, it sometimes seems as though, of all the ‘new’ subjects that have been intro duced into theological discussion during the last hundred or so years, only two have proved to be of permanent significance. One is, of course, biblical criticism, and the other, the subject which in my University is still called ‘comparative religion’—the dispassionate study of the religions of the world as phenomena in their own right.

Medicine and ethics alike must learn properly to attend to suffering. We can never truly experience another's distress. We can, however, learn to recognize the particular purposes, values, and aesthetic responses that shape the sense of self whose integrity is threatened by pain, disease, and the mischances of life.

Are we made entirely of matter, like sticks and stones? Or do we have a soul—a nonphysical entity—where our mental lives take place? -/- The authors Eric T. Olson and Aaron Segal begin this accessible and wide-ranging debate by looking at the often-overlooked question of whether we appear in ordinary experience to be material things. Olson then argues that the dependence of our mental lives on the condition of our brains—the fact that general anesthesia causes complete unconsciousness, for instance—is (...) best explained by saying that our mental lives are physical activities in our brains rather than nonphysical activities in the soul. Segal objects that this view is incompatible with two obvious and important facts about ourselves: that there is only one of you rather than trillions of almost identical beings now thinking your thoughts, and that we exist and remain conscious for more than an instant. These facts, he claims, are presupposed in our practical and moral judgments—but they require us to be immaterial things. Olson is forced to concede that there is no easy and uncontroversial answer to these objections but doubts whether taking us to be immaterial would be any help. The debate takes in large philosophical questions extending well beyond dualism and materialism. -/- The book features clear statements of each argument, responses to counter-arguments, in-text definitions, a glossary of key terms, and section summaries. Scholars and students alike will find it easy to follow the debate and learn the key concepts from metaphysics, philosophy of mind, and other areas necessary to understand each position. (shrink)

Extracorporeal membrane oxygenation (ECMO) is currently reserved predominantly for bridging patients to a different destination therapy, but the use of ECMO as a destination therapy itself (ECMO-DT...

Bioethics, Volume 36, Issue 1, Page 63-70, January 2022.

Alexander George has put forward a novel interpretation of the Quine-Carnap debate over analyticity. George argues that Carnap's claim that there exists an analytic-synthetic distinction was held by Carnap to be empty of empirical consequences. As a result, Carnap understood his position to be empirically indistinguishable from Quine's. Although George defends his interpretation only briefly, I show that it withstands further examination and ought to be accepted. The consequences of accepting it undermine a common understanding of Quine's criticism of Carnap, (...) and I argue that it is difficult to find a perspective from which Quine can criticize Carnap in a non-question-begging way. (shrink)

Although written primarily for medical research, the Belmont principles have permeated clinical medicine as well. In fact, they are part of a broad cultural shift that has dramatically reworked the relationship between doctor and patient. In the early 1950s, medicine was about making the patient better and maintaining optimism when the patient could not get better. By the 1990s, medicine was about the treatment of specific physiological systems, as directed by the patient, but as limited by the society's concern for (...) justice. (shrink)

When addressing the burdens borne by victims of police wrongdoing, we often overlook moral harms in focusing on the physical and psychological harms that they suffer. These moral harms undermine the moral status of the victim, her ability to consistently pursue the values she endorses, and her character. Victimhood is a morally significant social role. Victimhood imposes normative standards that measure the moral or political status of victim. Conforming to these standards affects our assessment of the conduct of the victim (...) and her moral standing. Considering the victims’ role provides important insights into contemporary practices of policing in the United States. The physical and verbal acts of the police often force race-based degradation upon racially subordinated groups. There is often no morally good way out of racially discriminatory encounters when the choice is to degrade oneself or suffer violence or even death. Worse, how we respond to the threat of police violence morally undermines our relationships with those we would keep safe from police violence. (shrink)

The goals of medicine -- A story about a patient with aortic stenosis -- What are facts in medicine? -- Clarify the chain of events that led to the present state : the case as a narrative -- The case of Myra Manner -- Examine your presuppositions and preconceptions -- Separate and examine the values at issue -- A question of judgment -- The patient, the doctor, and the relationship -- Observation, prognosis, and prognosticating -- Thinking in medicine -- Accepting (...) the challenge. (shrink)

The cell division and differentiation events that occur during the development of the nematode Caenorhabditis elegans are nearly identical between different individuals, a feature that distinguishes this organism from larger and more complex metazoans, such as humans and Drosophila. In view of this discrepancy, it might be expected that the regulation of cell growth, division and differentiation in C. elegans would involve mechanisms separate from those utilized in larger animals. However, the results of recent genetic, molecular and cellular studies indicate (...) that C. elegans employs an arsenal of developmental regulatory mechanisms quite similar to those wielded by its arthropod and vertebrate relatives. Thus, the nematode system is providing both novel and complementary insights into the general problem of how growth and patterning events are integrated in development. This review offers a general perspective on the regulation of cell division and growth in C. elegans, emphasizing recent studies of these crucial aspects of development. BioEssays 24:38–53, 2002. © 2002 John Wiley & Sons, Inc. (shrink)

Wittgenstein's Tractatus carefully distinguished the concept all from\nthe notion of a truth-function, and thereby from the quantifiers.\nI argue that Wittgenstein's rationale for this distinction is lost\nunless propositional functions are understood within the context\nof his picture theory of the proposition. Using a model Tractatus\nlanguage, I show how there are two distinct forms of generality implicit\nin quantified Tractatus propositions. Although the explanation given\nin the Tractatus for this distinction is ultimately flawed, the distinction\nitself is a genuine one, and the forms of generality that (...) Wittgenstein\nindicated can be seen in the quantified sentences of contemporary\nlogic. (shrink)

Patients with a life-threatening illness can be confronted with various types of loneliness, one of which is existential loneliness (EL). Since the experience of EL is extremely disruptive, the issue of EL is relevant for the practice of end-of-life care. Still, the literature on EL has generated little discussion and empirical substantiation and has never been systematically reviewed. In order to systematically review the literature, we (1) identified the existential loneliness literature; (2) established an organising framework for the review; (3) (...) conducted a conceptual analysis of existential loneliness; and (4) discussed its relevance for end-of-life care. We found that the EL concept is profoundly unclear. Distinguishing between three dimensions of EL—as a condition, as an experience, and as a process of inner growth—leads to some conceptual clarification. Analysis of these dimensions on the basis of their respective key notions—everpresent, feeling, defence; death, awareness, difficult communication; and inner growth, giving meaning, authenticity—further clarifies the concept. Although none of the key notions are unambiguous, they may function as a starting point for the development of care strategies on EL at the end of life. (shrink)

The theory and practice of history and its relevance to the modern world, by Britains greatest radical historian.

Individual-level research in behavioral science can have massive impact and create system-level changes, as several recent mandates and other policy actions have shown. Although not every nudge creates long-term behavior change, defaults and other forms of choice architecture can not only change individual behavior but also reduce inequities and lead to changes in public policy and norms.

Joseph Schear provides us with a much-needed compilation of this whole “battle of myths” that began when Hubert Dreyfus presented a challenge to John McDowell’s theory of perception with his 2005 Presidential Address to the American Philosophical Association. Although, back then, the terms of the debate were presented in the context of McDowell’s reading of Aristotle and phronēsis, they have since been taken up in their own right. Dreyfus claims that conceptual capacities cannot be pervasive in perceptual experience as McDowell (...) maintains because, if so, conceptual content will crowd out those areas in which skillful embodied coping betrays a nonconceptual interaction with the world.Schear not only collects essays from highly distinguished scholars on this issue, but also manages to include never-before-published essays from both McDowell and Dreyfus. These essays are, to be sure, essentially restatements of what the two philosophers already maintain and have written. However, I find th .. (shrink)

Like the broom in “The Sorcerer's Apprentice,” technologies take on a life of their own. To bring them under control, doctors must learn to tolerate ambiguity, resist the lure of the immediate, cease fearing uncertainty, and rechannel their response to wonder.

Kant’s philosophy is often treated as a closed system, without reference to how it was written or how Kant arrived at its familiar form, the critique. In fact, the style of the critique seems so artless that readers think of it as an unfortunate by-product—a style of stylelessness. In _Constituting Critique_, Willi Goetschel shows how this apparent gracelessness was deliberately achieved by Kant through a series of writing experiments. By providing an account of the process that culminated in his three (...) _Critiques_, this book offers a new perspective on Kant’s philosophical thought and practice. _Constituting Critique_ traces the stages in Kant’s development to reveal how he redefined philosophy as a critical task. Following the philosopher through the experiments of his early essays, Goetschel demonstrates how Kant tests, challenges, and transforms the philosophical essay in his pursuit of a new self-reflective literary genre. From these experiments, critique emerges as the philosophical form for the critical project of the Enlightenment. The imperatives of its transcendental style, Goetschel contends, not only constitute and inform the critical moment of Kant’s philosophical praxis, but also have an enduring place in post-Kantian philosophy and literature. By situating the _Critiques_ within the context of Kant’s early essays, this work will redirect the attention of Kant scholars to the origins of their form. It will also encourage contemporary critical theorists to reconsider their own practice through an engagement with its source in Kant. (shrink)

A recurring theme within Robert Solomon’s writings concerns the central importance of the passions. His high regard for the passions even motivates him to challenge the traditional understanding of virtue. Solomon rejects the Aristotelian view that virtues are dispositions of character developed according to rational principles rather than passions. He offers the counter-example of erotic love as a passion that is not based upon rationality, which he argues ought to be viewed as a virtue. This paper argues that while Solomon’s (...) account of love can accommodate the traditional Aristotelian motivations for rejecting passions as virtues, there are compelling reasons for preferring the Aristotelian account of virtue. Ultimately, Solomon’s argument relies upon an implausible view of the passions and offers inferior resources for examining love in terms of virtue. (shrink)

The Supremacy of Love advocates an agape-centered vision of virtue ethics, combining traditional Aristotelian ethics with insights from Thomas Aquinas. It shows why virtue is good for the virtuous individual, reimagines impartiality so that it is compatible with close personal relationships, and has pluralistic cross-cultural applications.

Sound is key to our lives, and is the most accessible portal to the vibratory universe. This book takes you there.

The legal and ethical asymmetry between honoring positive claims of conscience versus negative claims of conscience was recently analyzed by several articles in this journal. The first author of this article (ALB) identified unique but defeasible reasons against honoring positive claims of conscience, such as the greater threat they post to institutional values and institutional resources than negative claims of conscience. However, ALB wrote, when these reasons can be overcome, positive claims of conscience should enjoy the same ethical and legal (...) respect as negative claims of conscience. This article argues that the prescription of birth control by non-Roman Catholic physicians in Roman Catholic institutions is an example of a positive claim of conscience that can overcome concerns of institutional values and resources, and therefore ought to receive the same ethical respect and legal protection as negative claims of conscience. In making this argument, this article also responds to several of the thoughtful comments raised by Alberto Giubilini and Dominic Wilkinson. (shrink)

The way information and communication technology (ICT) develops can promote or hinder the democratic potential of this critical societal infrastructure. Concerns about the role standards development organizations (SDOs) play in this context predate the “digital age” but are reemerging amid substantial changes in the institutional landscape of standardization. This article explores the increasingly critical link between the institutional design of SDOs and the democratic design of ICT. We review some principles of democracy in terms of the design of technology, apply (...) these to standardization, and discuss the role public policy may play here, while distinguishing between input and output legitimacy. (shrink)

Political theorists, increasingly, are realizing the virtues of contextuality to conceptual analysis. Just as theory may provide useful standards for the assessment of political practices, so may application of theoretical constructs within particular contexts provide a critical corrective to theory. This essay relates work undertaken within sociolegal studies applying a constitutive methodology to such efforts to contextualize political theorizing. The essay describes how the emphasis placed by constitutive theory on locality and meaning entails a contextual analysis. The essay then demonstrates (...) how a constitutive and contextual approach can enhance our understanding of the moral issues surrounding differentiated citizenship policy. While the most obvious cost associated with differentiated citizenship policy is a loss in formal equality, a contextual assessment demonstrates the prospect of an even deeper, though ultimately contingent, moral loss in self-invention. (shrink)