Critical congenital heart disease screening is rapidly becoming the standard of care in the United States after being added to the Recommended Uniform Screening Panel in 2011. Newborn screens typically do not require affirmative parental consent. In fact, most states allow parents to exempt their baby from receiving the required screen on the basis of religious or personally held beliefs. There are many ethical considerations implicated with allowing parents to exempt their child from newborn screening for CCHD. Considerations include the (...) treatment of religious exemptions in our current legal system, as well as medical and ethical principles in relation to the rights of infants. Although there are significant benefits to screening newborns for CCHD, when a parent refuses for religious or personal beliefs, in the case of CCHD screening, the parental decision should stand. (shrink)

An interdisciplinary and contemporary response to Irigaray’s work.

The powerful combination of genetic, developmental and molecular approaches possible with the fruit fly, Drosophila melanogaster, has led to a profound understanding of the genetic control of early developmental events. However, Drosophila is a highly specialized long germ insect, and the mechanisms controlling its early development may not be typical of insects or Arthropods in general. The beetle, Tribolium castaneum, offers a similar opportunity to integrate high resolution genetic analysis with the developmental/molecular approaches currently used in other organisms. Early results (...) document significant differences between insect orders in the functions of genes responsible for establishing developmental commitments. (shrink)

This essay examines the unsettling claim of Erasmus that “an unjust peace is preferable by far than a just war”—a dictum he retrieves from Cicero but applies to debates about warfare between nations, feuds of religion, and interpersonal conflicts. Embedded in this aphorism is an entire Erasmian ethic of conflict, one wherein he prods leaders and individuals to pay the price for peace by settling on less than desirable and possibly unfair terms, in order to avoid the devastating fallout of (...) full-fledged battle, while preserving the life of nations, the good of a community, the unity of a church, or the welfare of a friendship. With that challenge Erasmus proceeds to unwind just war theory with its own methods, and he does so with a curious but provocative blend of the most ideal of aspirations with utterly realistic challenges of practical reasoning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Thomas Aquinas’s “Summa Theologiae”: A Guide and Commentary by Brian DaviesBrian J. Shanley, O.P.Thomas Aquinas’s “Summa Theologiae”: A Guide and Commentary. By Brian Davies, O.P. Oxford: Oxford University Press, 2014. Pp. xv + 454. $105.00 (cloth), $31.95 (paper). ISBN: 978-0-19-938062-6 (cloth), 978-0-19-938063-3 (paper).The purpose of this book is to provide guidance to a nonspecialist reader of Aquinas’s Summa theologiae. It is not meant as a substitute for the (...) text itself, but rather as a companion for a reader in order to offer explication for the most important arguments, a sense of the context of the whole, a quick survey of the terrain of a treatise, some historical context when necessary, and a prod to critical thinking. Davies’s ambition is daunting. As the subtitle indicates, he intends the book to be both a guide and a commentary. If it were only a guide, it would focus on the truly critical themes in some depth in order to aid the reader through the various parts without commenting on everything. If it were only a commentary, its purpose would be largely expository and exegetical. It is hard to do both functions well on a work as large and complex as the Summa theologiae.After a brief overview of Aquinas’s life and a short commentary on the meaning of sacra doctrina, Davies turns to the topic of God. Given his previous work on Aquinas, it is not surprising that the strongest and longest section of his book concerns the Prima pars. Davies does a nice job of parsing the existence of God and mapping out the Five Ways in a manner suitable to his audience. He then turns to the question of how God does not exist, and makes it plain that the main thrust of Aquinas’s treatment is apophatic, or negative. It is surprising that Davies never mentions the influence of Pseudo-Dionysius on Aquinas and generally downplays the Neoplatonic strains in Aquinas’s theology. I would have thought that divine simplicity and goodness deserve more consideration, and I would have liked to see Davies give more insight for the reader on how to parse some of Aquinas’s metaphysical terms (especially the real distinction in created beings and how this is the main marker of the ontological gap between God and creation). When Davies turns to how we name or use language about God, he signals to his readers that he is entering into an area that has been much debated. Not surprisingly, while he does a reasonable job of trying to explain how analogical predication works to a nonspecialist reader, specialists will have much to quibble about. At the heart of his explanation of analogy is the claim that analogy is primarily “a linguistic phenomenon in which one and the same word is used to speak of different things with connections of meaning that can be traced in each use of the word” (69). Analogy in Aquinas is more than a theory about language; it is embedded in a metaphysics of participation and creation that needs to be adumbrated to understand how analogy works. The subsequent treatment of God’s knowing and willing is reliable, though more attention might have been paid to the practical model of divine knowing. When it comes to the Trinity, [End Page 306] Davies does a solid job of trying to explain that most complicated doctrine of Aquinas to a nonspecialist.Davies misses the opportunity to explore the fundamental contrast that Aquinas draws between God’s causal immanence in all things as Creator and his special, interpersonal, Trinitarian indwelling through grace, as the treatise on the Trinity segues into the treatise on creation. When turning to creation, Davies notes that the fundamental metaphysical principle behind Aquinas’s account is that “the existence of something that does not exist by nature has to be caused” (110), although he seems diffident about its validity (“like it or not”) and never mentions participation. Sometimes he speaks about God’s causality in creation as “causally accounting for their esse” (ibid.) even as he notes that God... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Circumcision:Ordinary and Universal in My CommunityAllan J. JacobsMy1 circumcision experiences are remarkable mostly for their ordinariness. My wife Danaë gave birth to our son Perseus2 while I was a resident in obstetrics and gynecology in a city where we had no family. Perseus was circumcised in a Jewish brit milah3 ceremony on the eighth day of his life, as were my wife's and my male ancestors back into ancient (...) times. We were relieved because Perseus had just recovered from a potentially serious condition. After a difficult forceps delivery, his blood bilirubin rose almost to the point where he might have developed the dreaded kernicterus syndrome. Kernicterus can cause permanent severe motor, intellectual and visual impairment. It was unclear whether he would be discharged from the hospital in time. He had to spend a week in restraints under a bright light whose frequency degraded bilirubin. Happily, he came home the day before the scheduled brit.Our four parents attended the brit. Danaë's father was the sandek,4 being granted the honor of holding our son on his lap during the circumcision ceremony. The mohel, or circumciser, was the local Conservative rabbi. We were mildly anxious because he didn't do many circumcisions in this city with few Jews. Perseus cried briefly after he was circumcised. The circumcision undoubtedly was far less stressful than treatment of elevated bilirubin. The circumcision certainly was less painful than the prodding and sticks for the many blood tests he had to undergo in the hospital, not to mention the pain of his difficult forceps delivery. Perseus did not seem to have much discomfort in his penis afterward, and had no circumcision complications.After the brit, our parents and my resident colleagues ate refreshments and chatted for an hour or so. A brit milah is a happy occasion, but not an elaborate one. It marks the end of the joy, anxiety, and excitement of the child's birth and its aftermath and is followed by the less exalted rhythm of feedings, diaper changes, and sleep deprivation.At the brit, our boys are assigned Hebrew names and confirmed in the Biblical covenant between God and the Hebrew people established between God and Abraham, and reaffirmed between God and Moses. Regardless of the historical truth of the formation of the covenant, it is accepted as a myth tantamount to [End Page 71] truth. In other words, regardless of its literal truth, such a myth is to be regarded as true because it concretizes God's demands or a moral truth. The covenant is real for me whether or not there was a historical Abraham. As with other religious commitments, the obligation to circumcise our sons is unprovable, but binding. On this basis, Perseus's ancestors on both sides were circumcised in brit milah ceremonies for many centuries into the past.My two grandsons were circumcised as well. Achilles was circumcised among friends and relatives. The mohel was an experienced obstetrician who was certified to officiate at a brit milah following the practices of Conservative Judaism. He administered adequate analgesia with topical local anesthetic cream followed by an injected regional block. Achilles slept through his circumcision, suffered no complications, and had little discomfort afterward. My other grandson had a circumcision performed as an infant outside the context of Judaism and is not being raised as a Jew.The two brit milah in my family were beautiful, dignified ceremonies, welcoming the infants into the Jewish fold, and bestowing their Hebrew names.5 Some of my relatives, including Perseus's son, had circumcisions performed in a medical setting without a ceremony. None of the many boys in my family had obvious short- or long-term problems with their circumcisions. My social circle has many Reform and Conservative Jews. I have never heard any Jewish man in my circle of acquaintances complain about his circumcision. Circumcision is a given. Problems are rare, and an exposed glans is the norm. Our men typically enjoy sex and have no difficulty in fathering children. Circumcision is part of the comforting cocoon of custom and tribe that helps to protect us as a group. It also reinforces Jewish endogamy... (shrink)

Assume that all algebras are atomless. (1) $Spind(A x B) = Spind(A) \cup Spind(B)$ . (2) $(\prod_{i\inI}^{w} = {\omega} \cup \bigcup_{i\inI}$ $Spind(A_{i})$ . Now suppose that $\kappa$ and $\lambda$ are infinite cardinals, with $kappa$ uncountable and regular and with $\kappa \textless \lambda$ . (3) There is an atomless Boolean algebra A such that $\mathfrak{u}(A) = \kappa$ and $i(A) = \lambda$ . (4) If $\lambda$ is also regular, then there is an atomless Boolean algebra A such that $t(A) = \mathfrak{s}(A) = (...) \kappa$ and $\mathfrak{a}(A) = \lambda$ . All results are in ZFC, and answer some problems posed in Monk [01] and Monk [ $\infty$ ]. (shrink)

Die voortgesette proses van implementering van nuwe materiaal wat gebruik word vir katkisasie in die Nederduitsch Hervormde Kerk van Afrika vertoon 'n besondere trajek. Die proses het, in terme van geloof, begin met die formalisering van sowel die geloofsbegrip as die beskrywing van die inhoud van geloof. Dit is voortgesit deur 'n proses van die objektivering van die inhoud van geloof tot feite wat geleer kan word en is uiteindelik voltrek deur die implementering van 'n pragmatiese opvoedkundige doelwit waarin geloof (...) bloot 'n middel tot 'n doel geword het. Die trajek kan kortliks soos volg beskryf word: • Die Heidelbergse Kategismus Geloof is die aanneming van die beloftes van God wat vertroue in die lewende God skep. • 'Kortbegrip': Geloof is sekere kennis van God en sy beloftes en 'n hartlike vertroue dat al my sondes om Christus ontwil vergewe is. • Die belydenis van die Hervormers: Ek glo in God beteken dat ek al my vertroue op God stel en Hom op sy woord neem. • Geloofsleer: Geloof is kennis van die Woord van God en vertroue in die God van die Woord. • Geloof en Lewe 11: Geloof is die toe-eiening van kenbare geloofoorleweringe wat in die Bybel opgeneem is. Die kerk kan daarom kinders deur 'n proses van kategese begelei tot geloofsvolwassenheid. Vandag is die uitgangspunt van katkisasie en die motivering daarvoor in die Nederduitsch Hervormde Kerk van Afrika die oortuiging dat die kerk kinders deur 'n proses van kategese tot godsdienstige volwassenheid kan lei. Van Selms se kategismus pas nie in die trajek wat hier beskryf word nie. Die Nederduitsch Hervormde Kerk van Afrika sou vandag heeltemal anders gelyk het as meer as een generasie van die lidmate van die Kerk aan hierdie kategeseboek blootgestel was. (shrink)

In the longstanding foundational debate whether to require that probability is countably additive, in addition to being finitely additive, those who resist the added condition raise two concerns that we take up in this paper. (1) _Existence_: Settings where no countably additive probability exists though finitely additive probabilities do. (2) _Complete Additivity_: Where reasons for countable additivity don’t stop there. Those reasons entail complete additivity—the (measurable) union of probability 0 sets has probability 0, regardless the cardinality of that union. Then (...) probability distributions are discrete, not continuous. We use Easwaran’s (Easwaran, Thought 2:53–61, 2013) advocacy of the _Comparative_ principle to illustrate these two concerns. Easwaran supports countable additivity, both for numerical probabilities and for finer, qualitative probabilities, by defending a condition he calls the _Comparative_ principle [ \({\mathcal{C}}\) ]. For numerical probabilities, principle \({\mathcal{C}}\) contrasts pairs, P 1 and P 2, defined over a common partition \(\prod\) = {a _i_ : _i_ ∈ I} of measurable events. \({\mathcal{C}}\) requires that no P 1 may be pointwise dominated, i.e., no (finitely additive) probability P 2 exists such that for each _i_ ∈ I, P 2 (a _i_ ) > P 1 (a _i_ ). By design, the cardinality of \(\prod\) is not limited in \({\mathcal{C}}\), which Easwaran asserts is important when arguing that the principle does not require more, or less, than that probability is countably additive. We agree that a numerical probability P satisfies principle \({\mathcal{C}}\) in all partitions just in case P is countably additive. However, we show that for numerical probabilities, by considering the size of the algebra of events to which probability is applied, principle \({\mathcal{C}}\) is subject to each of the above concerns, (1) and (2). Also, Easwaran considers principle \({\mathcal{C}}\) with non-numerical, qualitative probabilities, where a qualitative probability may be finer than an almost agreeing numerical probability P. A qualitative probability is regular if possible events are strictly more likely than impossible events. Easwaran motivates and illustrates regular qualitative probabilities using a continuous, almost agreeing quantitative probability that is uniform on the unit interval. We make explicit the conditions for applying principle \({\mathcal{C}}\) with qualitative probabilities and show that \({\mathcal{C}}\) restricts regular qualitative probabilities to those whose almost agreeing quantitative probabilities are completely additive. For instance, Easwaran’s motivating example of a regular qualitative probability is precluded by principle \({\mathcal{C}}\). (shrink)

For $X \subseteq \omega$ , let $\lbrack X \rbrack^n$ denote the class of all n-element subsets of X. An infinite set $A \subseteq \omega$ is called n-r-cohesive if for each computable function $f: \lbrack \omega \rbrack^n \rightarrow \lbrace 0, 1 \rbrace$ there is a finite set F such that f is constant on $\lbrack A - F \rbrack^n$ . We show that for each n ≥ 2 there is no $\prod_n^0$ set $A \subseteq \omega$ which is n-r-cohesive. For n = (...) 2 this refutes a result previously claimed by the authors, and for n ≥ 3 it answers a question raised by the authors. (shrink)

Irigaray raises the question of sexual difference. Yet there are moments at which Irigaray’s own pursuit of this question recapitulates the kind of universalism it is meant to combat. She remains ensconced in judgments that close down the attempt to think beyond sexual difference. The article pursues this line of thought particularly in relation to her figuring of Antigone, suggesting that there is a need to open up sexual difference so that it does not function as a universal discourse, but (...) is open to other kinds of difference, for example, racial difference. (shrink)

In The Beautiful Risk of Education, Gert Biesta displays his gift for engaging generously with the thought of others to illuminate what makes education educational, that is, the value in maintaining the complexity and risk involved in a dialogic approach to education. As Biesta puts it, “[education] is therefore, again, a dialogical process. This makes the educational way the slow way, the difficult way, the frustrating way, and so we might say, the weak way” . Such a view of education (...) promises no “results”, in fact the outcomes of education can never be guaranteed. Embracing the risk inherent in this weak notion of education entails welcoming the risk involved in teaching. In this review, we focus on Biesta’s attention to the meaning of teaching and his call for a kind of teacher education that learns from and develops virtuosity. We find Biesta’s use of the term “virtuosity”—rather than the more typical usage for the exercise of wisdom found in educational theory, “virtue”—prod .. (shrink)

This paper explores the treatment of intelligent agents as innovations. Past writings in the area of intelligent agents focus on the technical merits and internal workings of agent-based solutions. By adopting a perspective on agents from an innovations point of view, a new and novel description of agents is put forth in terms of their degrees of innovativeness, competitive implications, and perceived characteristics. To facilitate this description, a series of innovation-based theoretical models are utilized as a lens of analysis, namely (...) Kleinschmidt and Cooper’s (J Prod Innovation Manage 8:240–251, 1991) market and technological newness map, Abernathy and Clark’s (Res Policy 14:3–22, 1985) competitive implications framework, and Moore and Benbasat’s (Inf Syst Res 2:192–222, 1991) list of perceived innovating characteristics. Together, these models provide a theoretical foundation by which to describe intelligent agents, yielding new insights and perceptions on this relatively new form of software application. (shrink)

Leading theorists examine the self-representational theory of consciousness as an alternative to the two dominant reductive theories of consciousness, the representational theory of consciousness and the higher-order monitoring theory. In this pioneering collection of essays, leading theorists examine the self-representational theory of consciousness, which holds that consciousness always involves some form of self-awareness. The self-representational theory of consciousness stands as an alternative to the two dominant reductive theories of consciousness, the representational theory of consciousness and the higher-order monitoring theory, combining (...) elements of both RTC and HOM theory in a novel fashion that may avoid the fundamental deficiencies of each. Although self-representationalist views have been common throughout the history of both Western and Eastern philosophy, they have been largely neglected in the recent literature on consciousness. This book approaches the self-representational theory from a range of perspectives, with contributions from scholars in analytic philosophy, phenomenology, and history of philosophy, as well as two longer essays by Antonio Damasio and David Rudrauf and Douglas Hofstadter. The book opens with six essays that argue broadly in favor of self-representationalist views, which are followed by five that argue broadly against them. Contributors next consider connections to such philosophical issues as the nature of propositional attitudes, knowledge, attention, and indexical reference. Finally, Damasio and Rudrauf link consciousness as lived with consciousness as described in neurobiological terms; and Hofstadter compares consciousness to the "strange loop" of mathematical self-reference brought to light by Gödel's incompleteness theorems. Contributors Andrew Brook, Peter Carruthers, Antonio Damasio, John J. Drummond, Jason Ford, Rocco J. Gennaro, George Graham, Christopher S. Hill, Douglas R. Hofstadter, Terry Horgan, Tomis Kapitan, Uriah Kriegel, Keith Lehrer, Joseph Levine, Robert W. Lurz, David Rudrauf, David Woodruff Smith, John Tienson, Robert Van Gulick, Kathleen Wider, Kenneth Williford, Dan Zahavi. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Report from the Front Lines: Conversations on Public Theology. A Festschrift in Honor of Robert Benne, and: Explorations in Christian Theology and Ethics: Essays in Conversation with Paul L. LehmannJeffrey P. GreenmanA Report from the Front Lines: Conversations on Public Theology. A Festschrift in Honor of Robert Benne Edited by Michael Shahan Grand Rapids, Mich.: Eerdmans, 2009. 184 pp. $30.00.Explorations in Christian Theology and Ethics: Essays in (...) Conversation with Paul L. Lehmann Edited by Philip G. Ziegler and Michelle J. Bartel Farnham, Surrey, UK: Ashgate, 2009. 206 pp. $99.95.The volumes reviewed here each recognize an important thinker in Christian social ethics in America: Robert Benne, emeritus professor of religion at Roanoke College, a Lutheran social ethicist; and Paul L. Lehmann (1906–94), a Presbyterian who was an influential teacher associated with Princeton Theological Seminary, Harvard University Divinity School, and Union Theological Seminary in New York.The first volume honors Benne’s seventieth birthday. His major writings include The Ethic of Democratic Capitalism: A Moral Reassessment (1981), Ordinary Saints: An Introduction to the Christian Life (1988), The Paradoxical Vision: A Public Theology for the Twenty-First Century (1995), Quality with Soul: How Six Premier Colleges and Universities Keep Faith with Their Religious Traditions (2001), and most recently, Good and Bad Ways to Think about Religion and Politics (2010). Since Benne is known for his traditionalist moral views, some unmistakably conservative voices, including a number of prominent Lutherans and neoconservative political thinkers, are represented in this book. The broad theme is public theology, working from Benne’s definition of public theology as “the engagement of a living religious tradition with its public environment—the economic, political, and cultural spheres of our common life.”The book has three parts. The first section, “The Imperative of a Public Theology,” includes essays by editor Michael Shahan, Carl Braaten, Jean Bethke Elshtain, and Richard John Neuhaus. Shahan’s essay provides a helpful exposition of Benne’s intellectual trajectory. Braaten offers a defense of the historic, bodily resurrection of Jesus as the “crux of Christianity’s case.” Elshtain takes [End Page 206] up C. S. Lewis’s concerns in his Abolition of Man (1944) as she diagnoses the “cultural disorder” reflected in current debates about euthanasia and abortion. Neuhaus’s wistful essay looks back over his efforts in the public square, stating that he and Benne have shared a common concern: “A renewal of Christian confidence in providing a morally informed philosophy for a more just and virtuous society in the tradition of liberal democracy” (47). Taken together, these four chapters sketch the assumed intellectual and cultural landscape that sets the context for the volume as a whole.The second section, “The Lutheran Necessity in Public Theology,” begins with a largely autobiographical essay by James Nuechterlein about his journey in Lutheranism and the value of its theological distinctives, especially the famous simul. Next is Gilbert Meilaender’s account (exploring an insight from Kierkegaard) of the place for a Lutheran “corrective” within the wider normative tradition, then Mark Noll’s chapter that underscores the value of robust Lutheran social thinking against the backdrop of the more revivalist and pietist tendencies of Protestant evangelicalism.The final section, “Contested Issues in Public Theology,” includes chapters by Paul Hinlicky, Ronald Thiemann, Gerald McDermott, Donald Schmeltekopf and Michael Beaty, and Joseph Swanson. The chapters by Hinlicky on Luther’s relation to liberal political theory, and by Thiemann on the idea of the public theologian’s prophetic role as “connected critic,” are the most densely argued material in the book. These two essays will probably be of the most interest for scholars in theological ethics. The chapter by McDermott deals with Lutheran church-related colleges. A coauthored essay by Schmeltekopf and Beaty champions the vocation of Christian university education. Swanson situates Benne’s economic writings within neo-conservative thought.The book takes up some of Benne’s favorite themes and interest areas, but only rarely do the authors engage Benne’s own thought. Virtually nowhere do they prod Benne to become clearer, to strengthen his arguments, or to modify his conclusions. I would have preferred a deeper engagement with Benne’s ideas; in several... (shrink)

In an article in Philosophy R. G. Swinburne set out to argue that none of Hume's formal objections to the design argument ‘have any validity against a carefully articulated version of the argument’ . This, he maintained, is largely because Hume's criticisms ‘are bad criticisms of the argument in any form’ . The ensuing controversy between Swinburne and Olding 1 has focused upon the acceptable/unacceptable aspects of the dualism presupposed in Swinburne's defence of the design argument; upon whether any simplification (...) is achieved by reducing scientific explanation to agent explanation; and upon the problems which arise from taking a man's acting upon his body as the analogy for understanding a disembodied agent acting upon matter. In this article I shall refer to the Swinburne-Olding controversy when appropriate but my main concern is to return to Swinburne's original article and argue, seriatim , that Hume's individual criticisms of the design argument are for the most part a great deal more powerful than Swinburne allowed. I shall contend that cumulatively they destroy the design argument as any sort of rational foundation for theistic belief. But first I shall indicate briefly the character of the argument together with one or two of the distinctions and refinements in terms of which it has been found helpful to carry on the discussion in recent years. (shrink)

I want to consider in this paper a question that is looming large in the theology of most world religions, not least in the Christian tradition. The following discussion will be confined to the Christian standpoint, though I hope mutatis mutandis the main points will be seen to apply to other religious perspectives as well. Specifically then, this question can be ex–pressed in two ways. We may ask, in the context of the contemporary dialogue situation, how is the committed Christian (...) to regard the adherents of non–Christian religions? and what status do these alien belief–systems have with respect to the Christian faith–response? Both forms of the issue are often discussed it seems to me without due attention being given to an important distinction between them. So, at the outset, it will be useful to make one or two observations about this. First of all, it is inevitable, I think, that an evaluational factor is implied by both formulations. We are pondering a basically Christian assessment of religious traditions that are non–Christian, and any solution suggested which eventually eliminates a one-sided overall perspective will apparently put us in a dilemma. For, on the one hand, a Christian theology of religions will be expected to produce a Christian result; on the other hand, a finally nonevaluational solution seems unable to be called a Christian view of things at all. In the event of such a ‘neutral theology’ as the latter resulting , is the dilemma that becomes apparent a genuine one, or can it be resolved by a more stringent analysis of the relevant issues? (shrink)

The Endangered Species Act of 1973 is America's strongest environmental law. Its citizen-suit provision—permitting “any person” whomsoever to sue on behalf of a threatened or endangered species—awards implicit intrinsic value, de facto standing, and operational legal rights to listed species. Accordingly, some cases had gone forward in the federal courts in the name of various listed species between 1979 and 2004, when the Ninth Circuit Court of Appeals ruled that animals could not sue in their own name. Because the Supreme (...) Court has interpreted its habitat destruction as the “taking” of a listed species, some have argued that enforcement of the ESA's critical-habitat-protection provision is a “regulatory taking” of private property without just compensation, contrary to the Fifth Amendment of the Constitution. The courts have not agreed. The ESA citizen-suit provision appears to waive federal-court standing requirements devolved from Article III of the U.S. Constitution, creating much confusion and mutually contradictory rulings. A series of cases reconciles the ESA's citizen-suit provision with the particularized and concrete “injury-in-fact” standing requirements devolved from Article III. (shrink)

Flew's challenge to the religious believer asks him to specify what would count as a disproof for, e.g. ‘There is a God’. A statement of such a specifiable condition I called an ‘empirical denial’. In my earlier paper I was concerned to show that a statement is a statement whether or not it has such an empirical denial. I was not particularly concerned to show that there are some statements which do not have an empirical denial; my concern was to (...) show that it is not essential that they do. It was in connection with this point that the statement ‘John loves Mary’ was discussed. But this very same example may indeed serve as an example of a statement for which, in certain complex situations, there is no empirical denial. That is, in some circumstances, no matter what empirical conditions are specified, when the statement ‘John loves Mary’ is made, they could obtain and still John might love Mary, as the developing situation would make clear. If the condition specified is that John is cruel to Mary and shows no concern for her, details could always emerge in such a situation to explain why, even though he loved her, he was cruel and showed no concern. And so on. (shrink)