The loss of the federally protected constitutional right to an abortion is a threat to the already tenuous autonomy of pregnant people, and may augur future challenges to their right to refuse unwanted obstetric interventions. Even before Roe’s demise, pregnancy led to constraints on autonomy evidenced by clinician-led legal incursions against patients who refused obstetric interventions. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court found that the right to liberty espoused in the Constitution does not extend to a (...) pregnant person’s right to an abortion. With Roe’s demise, the right to request specific types of care has been vitiated. The same argument underpinning that holding may now become ballast for attacks on the traditionally more robust right, the right to refuse. Here we discuss how the elevation of fetal and embryonic rights may lead to a cascade of medical intrusions and deprivations of liberty against pregnant persons, and offer an argument opposing these improprieties. (shrink)

Not all intellectual property rights grant the right to exclude that is indicative of “property rules,” as that term was used by Guido Calabresi and A. Douglas Melamed in their seminal article. Some intellectual property rights are “liability rules,” in which the right holder has an entitlement to compensation for use of the protected invention, not a right to preclude the use. Although patent laws normally grant a right to exclude others from use of the protected invention as a default, (...) most countries’ laws allow the government to convert the patent property rule into a liability rule through a compulsory license. It has been noted, for example, that by the end of the 1950s, the U.S. had issued compulsory licenses covering 40 to 50 thousand patents, including substantial portions of the patent portfolios of AT&T, General Electric, IBM, and Xerox. The U.S. Supreme Court recently expressed a willingness to accept liability rules over injunctions in some patent infringement cases. (shrink)

This paper examines Newton's argument from the phenomena to the law of universal gravitation-especially the question how such a result could have been obtained from the evidential base on which that argument rests. Its thesis is that the crucial step was a certain application of the third law of motion-one that could only be justified by appeal to the consequences of the resulting theory; and that the general concept of interaction embodied in Newton's use of the third law most probably (...) evolved in the course of the very investigation that led to this theory. (shrink)

This textbook by Martin Hollis offers an exceptionally clear and concise introduction to the philosophy of social science. It examines questions which give rise to fundamental philosophical issues. Are social structures better conceived of as systems of laws and forces, or as webs of meanings and practices? Is social action better viewed as rational behaviour, or as self-expression? By exploring such questions, the reader is led to reflect upon the nature of scientific method in social science. Is the aim (...) to explain the social world after a manner worked out for the natural world, or to understand the social world from within? (shrink)

Some philosophers hold that trust grows fragile when people become too rational. They advocate a retreat from reason and a return to local, traditional values. Others hold that truly rational people are both trusting and trustworthy. Everything hinges on what we mean by 'reason' and 'rational'. If these are understood in an egocentric, instrumental fashion, then they are indeed incompatible with trust. With the help of game theory, Martin Hollis argues against that narrow definition and in favour of a (...) richer, deeper notion of reason founded on reciprocity and the pursuit of the common good. Within that framework he reconstructs the Enlightenment idea of citizens of the world, rationally encountering, and at the same time finding their identity in, their multiple commitments to communities both local and universal. (shrink)

The contributors represent the complete spectrum of positions between a relativism that challenges the very concept of a single world and the idea that there are ascertainable, objective universals.

This book explores the controversial relationship between physicians and the pharmaceutical industry, identifies the ethical tensions and controversies, and proposes numerous reforms both for medicine's own professional integrity and for effective public regulation of the industry.

In a forthcoming study I give an account of paradigm shifts as shifts in habits of mind. This paper summarizes the argument. Habits of mind, on this view, are what constitute a paradigm. Further, some particular habit of mind is ordinarily critical for a Kuhnian revolution. A contrast is drawn between this view and the "gap" view that is ordinarily implicit in analysis of the nature of of paradigm shifts.

Some philosophers hold that trust grows fragile when people become too rational. They advocate a retreat from reason and a return to local, traditional values. Others hold that truly rational people are both trusting and trustworthy. Everything hinges on what we mean by 'reason' and 'rational'. If these are understood in an egocentric, instrumental fashion, then they are indeed incompatible with trust. With the help of game theory, Martin Hollis argues against that narrow definition and in favour of a (...) richer, deeper notion of reason founded on reciprocity and the pursuit of the common good. Within that framework he reconstructs the Enlightenment idea of citizens of the world, rationally encountering, and at the same time finding their identity in, their multiple commitments to communities both local and universal. (shrink)

In a widely cited 2003 article, DiMasi, Hansen, and Grabowski estimated the cost of pharmaceutical research and development to be $1.1 billion per new medicine coming onto the market in 2001. They also estimate that this cost is going up at a real rate of 7.4% annually. According to these estimates, the innovation cost per new medicine today is about $2.1 billion or $2.65 billion.

Are the workings of the international world to be explained scientifically, or are they to be understood through their inward meaning? In Explaining and Understanding International Relations philosopher Martin Hollis and international relations scholar Steve Smith join forces to analyse the dominant theories of international relations and to examine the philosophical issues underlying them. The book has three parts. In the first the authors review the growth of the discipline since 1918, pose the 'level of analysis' problem of whether (...) to account for a sytem in terms of its units or vice versa, and contrast the demand of scientific method with those of interpretative understanding. In the second they apply the contrast to four factors often cited in accounting for international behaviour - the international system, the state, bureaucracies, and decision-making individuals. Rival accounts of the games nations play are offered in readiness for the final part, where the authors propose a theoretical agenda, air their differences, and invite readers to take sides. By tackling deep theoretical issues with lucidity and verve this book will excite debate among theorists and students of international relations while also engaging thought about the philosophical character of the social sciences. (shrink)

Although the physician’s use and misuse of power have been discussed in the social sciences and in literature, they have never been explored in medical ethics until now. In this book, Dr. Howard Brody argues that the central task is not to reduce the physician’s power, as others have suggested, but to develop guidelines for its use, so that the doctor shares with the patient both information and the responsibility for deciding on appropriate treatment. Dr. Brody first reviews literary (...) works dealing with medical power, from Dostoevsky’s “The Grand Inquisitor” to stories by William Carlos Williams, Vonda McIntyre, and Richard Selzer. These works, he shows, reveal the healers’ ambivalence over their own powers and patients’ fears of the abuse of power. Dr. Brody then points out important but neglected ethical issues that emerge from an analysis of power, such as the tension between care of individual patients and the pressures of the doctor’s workload; the rescue fantasy that impels some physicians to extraordinary lengths to save a life; and the economic system, which rewards surgeons and other specialists more than it does physicians who spend time talking with patients about their problems. He also shows how the perspective of shared power can shed new light on standard topics in medical ethics—from informed consent and confidentiality to resource allocation and cost containment. (shrink)

Did Adam and Eve act rationally in eating the fruit of the forbidden tree? That can seem to depend solely on whether they had found the best means to their ends, in the spirit of the 'economic' theories of rationality. In this 1995 book, Martin Hollis respects the elegance and power of these theories but judges their paradoxes endemic. He argues that social action cannot be understood by viewing human beings as abstract individuals with preferences in search of satisfaction, (...) nor by divorcing practical reason from questions of the rationality of norms, principles, practices and ends. These essays, focused on the themes of 'rational choice', 'roles and reasons' and 'other cultures, other minds', make the point and explore alternative approaches. Culled in revised form from twenty-five years' work, the essays range across periods and disciplines with a philosophical imagination and vivid prose, which will engage philosophers and social scientists alike. (shrink)

Bioethics' interdisciplinary base -- Patient-centered care -- Evidence-based medicine and pay-for-performance -- Community dialogue -- Overview : bioethics, power, and learning to see -- Cross-cultural concerns -- Race and health disparities -- Disabilities -- Environmental and global issues -- New technologies -- Conclusion.

(1998). Consensus, neutrality and compromise. Critical Review of International Social and Political Philosophy: Vol. 1, Pluralsim and Liberal Neutrality, pp. 54-78. doi: 10.1080/13698239808403248.

Creativity is a popular but heterogeneous word in educational parlance these days. By looking at a selection of recent discourses that refer to creativity to sustain their positions, the paper suggests that two key themes emerge, both with questionable assumptions. Romantic individualists would return us to a naïve bygone age of authentic self-expression, while politicians and economists would use the term instrumentally by binding it to the future needs of the workforce without questioning substantive issues. Cultural theories of creativity indicate (...) pathways out. (shrink)

All social theorists and philosophers who seek to explain human action have a 'model of man'; a metaphysical view of human nature that requires its own theory of scientific knowledge. In this influential book, Martin Hollis examines the tensions that arise from the differing views of sociologists, economists and psychologists. He then develops a rationalist model of his own which connects personal and social identity through a theory of rational action and a priori knowledge, allowing humans to both act (...) freely and still be a subject for scientific explanation. Presented in a fresh series livery and including a specially commissioned preface written by Geoffrey Hawthorn, Hollis's important work is made available to a new generation of readers. (shrink)

"Now we can join Gandhi and Tolstoy and nameless others who encountered this vigorous and invigorating book. Welcome to a company of radicals who believed we could and should stop eating non-human animals. They brought vegetarianism out of history and into the here and now." -- from the introductionEthical vegetarianism is no recent development, as this unrivaled historical anthology dramatizes. When it was first published 120 years ago, countless people read and endorsed The Ethics of Diet. But then it became (...) a rare book, hard to find even in libraries. For countless more readers, it is at last available again. In this classic of vegetarian writing, Howard Williams presents a line of thought, a continuous thread, a tradition, a catena of protestation against living on "Butchery." What he finds striking is the variety of the witnesses, the prophets of "Reformed Dietetics" who have "shrunk from the rgime of blood," including Gautama Buddha, Pythagoras, Plato, Hesiod, Epicurus, Seneca, Ovid, Thomas More, Montaigne, Mandeville, Pope, Voltaire, Swedenborg, Wesley, Rousseau, Shelley, Byron, Lamar-tine, Michelet, Bentham, Sinclair, Schopenhauer, and Thoreau. Their words are accompanied by the vigorous narrative voice of Williams himself, who put to rest, once and for all, the idea that vegetarianism is a fad. (shrink)

The self-defense argument maintains that, even if a fetus is a person, abortion on demand is morally permissible on the grounds that the fetus is using his mother’s body in an intimate way, and, in an unwanted pregnancy, without her ongoing consent. According to the argument, this sort of use justifies lethal self-defense on the part of the mother against her unwanted fetus. I produce a counterexample to one of the premises of this argument and show that it cannot be (...) successfully revised. I further show the underlying commitments of the self-defense argument lead to the absurd conclusion that a woman who has consensual sex that results in pregnancy thereby violates the fetus’ right to bodily autonomy and so such an act would be morally impermissible. We thereby have good reason to abandon the argument. (shrink)

I argue, in opposition, to the traditional approach that systematic psychological inquiry of a type frequently practiced by people like Edwards, Kahneman and Tversky, and Schum is relevant to the choice of the best inductive logic. In the paper, I present some provisional arguments against the traditional view and sketch some of the relevant evidence. This effort is made with the aim of aiding the development of a naturalistic epistemology.

How do people excluded from political life achieve political agency? Through a series of historical events that have been mostly overlooked by political theorists, Martin Breaugh identifies fleeting yet decisive instances of emancipation in which people took it upon themselves to become political subjects. Emerging during the Roman plebs's first secession in 494 BCE, the _plebeian experience_ consists of an underground or unexplored configuration of political strategies to obtain political freedom. The people reject domination through political praxis and concerted action, (...) therefore establishing an alternative form of power. Breaugh's study concludes in the nineteenth century and integrates ideas from sociology, philosophy, history, and political science. Organized around diverse case studies, his work undertakes exercises in political theory to show how concepts provide a different understanding of the meaning of historical events and our political present. _The Plebeian Experience_ describes a recurring phenomenon that clarifies struggles for emancipation throughout history, expanding research into the political agency of the many and shedding light on the richness of radical democratic struggles from ancient Rome to Occupy Wall Street and beyond. (shrink)

The educator who revolutionized our thinking with his theory of multiple intelligence now offers a far-reaching work on the nature of learning and the influence of culture.