Stark disparities exist in the United States' health care system. Thirty-five million Americans are uninsured, severely impeding their access to necessary health care. Concurrently, others receive health care services that are of unproven necessity and benefit. We assert that this situation is unjust and morally indefensible.

The primary purpose of this study was to examine the effects of perceptions of product harm and consumer vulnerability on ethical evaluations of target marketing strategies. We first established whether subjects are able to accurately judge the harmfulness of a product through labeling alone, and whether they could differentiate consumers who were more or less vulnerable. The results suggest that without the presence of a prime, subjects who depended on implicit memory or guess were able to detect differences in “sin” (...) and “non-sin” products and consumer vulnerability, but were far less likely to be able to distinguish among high and low levels of product harm and consumer vulnerability. The inability to accurately identify high and low levels of product harm and consumer vulnerability impacted their perceptions of the ethicality of target marketing strategies, such that only four out of 18 target marketing strategies were judged as unethical. Thus, our findings contradict previous research that found subjects judged many more of the integrated strategies as unethical [Smith and Cooper- Martin, J Market 61 1]. Our results suggest that assessing ethical evaluations of strategies varying in product harm, and consumer vulnerability may only be relevant if consumers can accurately identify product harm. (shrink)

This study describes how a primary school teacher and her students explored multiple means of communication through the use of a project on storytelling and drumming to personalize and translate cultural differences into universal human experiences they could understand. It documents how the teacher and two researchers collaborated with planning and implementing the drumming project so that it integrated social studies with multiple modes of literacy. It discusses how the teacher and researchers examined cultural universals within this project to provide (...) students with a frame of reference to engage in an authentic understanding of diverse cultures within their classrooms. Finally, the study examined the students’ work within the actual drumming project. (shrink)

Avoiding whinges from various and potentially conflicting stakeholders is a major challenge for sustainable development and for the identification of sustainability scenarios or policies for biodiversity and ecosystem services. It turns out that independently complying with whinge thresholds and constraints of these stakeholders is not sufficient because dynamic ecological-economic interactions and uncertainties occur. Thus more demanding no whinge standards are needed. In this paper, we first argue that these new boundaries can be endogenously exhibited with the mathematical concepts of viability (...) kernel and viable controls. Second, it is shown how these no whinge kernels have components, such as harvesting of resources, that should remain within safe corridor while some other components, in particular biodiversity, have only lower conservation limits. Thus, using radar charts, we show how this no whinge kernels can take the shape of a tree that we name viability tree. These trees of viability capture the idea that the unbounded renewal potential of biodiversity combined with a bounded use of the different ecosystem services are crucial ingredients for the sustainability of socio-ecosystems and the design of no whinge policies reconciling the different stakeholders involved. (shrink)

On Roger Bacon's life and works, by A. G. Little. -- Der Einfluss des Robert Grosseteste auf die wissenschaftliche Richtung des Roger Bacon, von L. Baur. -- La place de Roger Bacon parmi les philosophes du xiie siècle, par F. Picavet. -- Roger Bacon and the Latin vulgate, by F. A. Gasquet. -- Roger Bacon and philology, by S. A. Hirsch. -- The place of Roger Bacon in the history of mathematics, by D. E. Smith. -- Roger Bacon und (...) seine Verdienste um die Optik, von E. Wiedemann. -- Roger Bacon's Lehre von der sinnlichen Spezies und vom Sehvorgange, von S. Vogl. -- Roger Bacon's art des wissenschaftlichen Arbeitens dargestellt nach seineer Schrift De speculis, von Würschmidt. -- Roger Bacon et l'horreur du vide, par P. Duhem. -- Roger Bacon : his relations to alchemy and chemistry, by M. M. P. Muir. -- Roger Bacon and gunpowder, by H. W. L. Hime. -- Roger Bacon and medicine, by E. W, Withington. -- Roger Bacon in English literature, by Sir J. E. Sandys. -- Roger Bacon's works with references to the mss. printed editions, by A, G. Little (p. [375]-425). (shrink)

On Roger Bacon's life and works, by A. G. Little.--Der einfluss des Robert Grosseteste auf die wissenschaftliche richtung des Roger Bacon, von Ludwig Baur.--La place de Roger Bacon parmi les philosophes du XIIIe siècle, par François Picavet.--Roger Bacon and the Latin vulgate, by Francis Aidan, cardinal Gasquet.--Roger Bacon and philology, by S. A. Hirsch.--The place of Roger Bacon in the history of mathematics, by David Eugene Smith.--Roger Bacon und seine verdienste um die optik, von Eilhard Wiedemann.--Roger Bacons lehre von (...) der sinnlichen spezies und vom seḣvorgange, von Sebastian Vogl.--Roger Bacons art des wissenschaftlichen arbeitens dargestellt nach seiner schrift De speculis, von J. Würschmidt.--Roger Bacon et l'horreur du vide, par Pierre Duhem.--Roger Bacon, his relations to alchemy and chemistry, by M. M. Pattison Muir.--Roger Bacon and gunpowder, by H. W. L. Hime.--Roger Bacon and medicine, by E. Withington. (shrink)

Kafka's writings are frequently interpreted as representing the historical period of modernism in which he was writing. Little attention has been paid, however, to the possibility that his writings may reflect neural mechanisms in the processing of self during hypnagogic (i.e., between waking and sleep) states. Kafka suffered from dream-like, hypnagogic hallucinations during a sleep-deprived state while writing. This paper discusses reasons (phenomenological and neurobiological) why the self projects an imaginary double (autoscopy) in its spontaneous hallucinations and how Kafka's (...) writings help to elucidate the underlying cognitive and neural mechanisms. I further discuss how the proposed mechanisms may be relevant to understanding paranoid delusions in schizophrenia. Literature documents and records cognitive and neural processes of self with an intimacy that may be otherwise unavailable to neuroscience. To elucidate this approach, I contrast it with the apparently popularizing view that the symptoms of schizophrenia result from what has been called an operative (i.e., pre-reflective) hyper-reflexivity. The latter approach claims that pre-reflective self-awareness (diminished in schizophrenia) pervades all conscious experience (however, in a manner that remains unverifiable for both phenomenological and experimental methods). This contribution argues the opposite: the. (shrink)

The paper investigates inaccessible set axioms and their consistency strength in constructive set theory. In ZFC inaccessible sets are of the form Vκ where κ is a strongly inaccessible cardinal and Vκ denotes the κth level of the von Neumann hierarchy. Inaccessible sets figure prominently in category theory as Grothendieck universes and are related to universes in type theory. The objective of this paper is to show that the consistency strength of inaccessible set axioms heavily depend on the context in (...) which they are embedded. The context here will be the theory CZF− of constructive Zermelo–Fraenkel set theory but without -Induction . Let INAC be the statement that for every set there is an inaccessible set containing it. CZF−+INAC is a mathematically rich theory in which one can easily formalize Bishop style constructive mathematics and a great deal of category theory. CZF−+INAC also has a realizability interpretation in type theory which gives its theorems a direct computational meaning. The main result presented here is that the proof theoretic ordinal of CZF−+INAC is a small ordinal known as the Feferman–Schütte ordinal Γ0. (shrink)

Many of us, and I am no exception, have been led to assume, almost un-consciously, that Śankara is India's greatest philosopher and that the non-dualist philosophy he consolidated, Advaita Vedānta, is the supreme spiritual philosophy of India, if not of the whole world. Dualist opponents like Madhva, on the other hand, have usually been appreciated very little, if at all. Several of my colleagues think of Madhva as a reactionary, if brilliant, theist whose philosophy best serves as a foil (...) to Śankara's. Madhva, it almost seems, is studied not for his own philosophical virtues but as a means the better to appreciate Śankara's. I believe that we must weigh more carefully the dualist position, particularly its trenchant critique of non-dualism. We may discover in the process that Śankara, whatever else he was – brilliant stylist, mystic par excellence , deft polemicist – was not the originator or consolidator of anything like an internally consistent metaphysics. (shrink)

Recognition that the Principle of Respect for Autonomy fails to work in family-centric societies such as Singapore has recently led to the promotion of relational autonomy as a suitable framework within which to place healthcare decision making. However, empirical data, relating to patient and family opinions and the practices of healthcare professionals in Confucian-inspired Singapore, demonstrate clear limitations on the ability of a relational autonomy framework to provide the anticipated compromise between prevailing family decision-making norms and adopted Western led atomistic (...) concepts of autonomy. Evidence suggests that despite a growing infusion of Western influence, there is still little to indicate any major shift to individual decision making, particularly in light of the way society and healthcare are structured. Similarly, the lack of employing a shared decision-making model and data that discredit the notion that the complex psychosocial and cultural factors that affect the decision making may be considered “content neutral” not only prevents the application of relational autonomy but questions the viability of the values behind the Principle of Respect for Autonomy. Taking into account local data and drawing upon a wider concept of personhood that extends beyond prevailing family-centric ideals along with the complex interests that are focused upon the preservation of the unique nature of personhood that arises from the Ring Theory of Personhood, we propose and “operationalize” the employing of an authoritative welfare-based approach, within the confines of best interest decision making, to better meet the current care needs within Singapore. (shrink)

ABSTRACT As bioethics emerged in the 1960s and 1970s and began to have enormous impacts on the practice of medicine and research – fuelled, by broad socio‐political changes that gave rise to the struggle of women, African Americans, gay men and lesbians, and the antiauthoritarian impulse that characterised the New Left in democratic capitalist societies – little attention was given to the question of the ethics of public health. This was all the more striking since the core values and (...) practices of public health, often entailing the subordination of the individual for the common good, seemed opposed to the ideological impulses of bioethics. Of what relevance is autonomy‐focused bioethics for public health, with its mix of justifications including those that are either implicitly or explicitly paternalistic or that seek to impose strictures on individuals and communities in the name of collective welfare? To examine the deep divide between the central commitments of bioethics and the values that animate the practice of public health, we focus on a series of controversies implicating the concepts of privacy, liberty, and paternalism. Recognising the role of moral values in decision‐making was a signal contribution of bioethics in its formative period. Over the past three decades a broad array of perspectives emerged under the rubric of bioethics but individualism remains central. As we commence the process of shaping an ethics of public health, it is clear that bioethics is the wrong place to start when thinking about the balances required in defence of the public's health. (shrink)

One of the most lasting contributions of Marr's posthumous book is his articulation of the different “levels of analysis” that are needed to understand vision. Although a variety of work has examined how these different levels are related, there is comparatively little examination of the assumptions on which his proposed levels rest, or the plausibility of the approach Marr articulated given those assumptions. Marr placed particular significance on computational level theory, which specifies the “goal” of a computation, its appropriateness (...) for solving a particular problem, and the logic by which it can be carried out. The structure of computational level theory is inherently teleological: What the brain does is described in terms of its purpose. I argue that computational level theory, and the reverse-engineering approach it inspires, requires understanding the historical trajectory that gave rise to functional capacities that can be meaningfully attributed with some sense of purpose or goal, that is, a reconstruction of the fitness function on which natural selection acted in shaping our visual abilities. I argue that this reconstruction is required to distinguish abilities shaped by natural selection—“natural tasks” —from evolutionary “by-products”, rather than merely demonstrating that computational goals can be embedded in a Bayesian model that renders a particular behavior or process rational. (shrink)

It is often claimed that the intentions of physicians are multiple, ambiguous, and uncertain—at least with respect to end-of-life care. This claim provides support for the conclusion that the principle of double effect is of little or no value as a guide to end-of-life pain management. This paper critically discusses this claim. It argues that proponents of the claim fail to distinguish two different senses of “intention,” and that, as a result, they are led to exaggerate the extent to (...) which clinical intentions in end-of-life contexts are ambiguous and uncertain. It argues further that physicians, like others who make life and death decisions, have a duty to get clear on what their intentions are. Finally, it argues that even if the principle of double effect should be rejected, clinical intentions remain ethically significant because they condition the meaning of extraordinary clinical interventions, such as that of palliative sedation. (shrink)

The image of Antonio Salieri is recreated based on the memories of his contemporaries and epistolary and journalistic literature. The author, relying on memoir literature, archival documents and journalistic sources, substantiates his own position regarding A. Salieri’s contribution to the world artistic treasury and artistic higher education, the expediency of researching his heritage at the current stage. A wide range of primary sources little-known in scientific circulation are used, which allow us to reveal the image of Antonio Salieri – (...) a musician, composer, teacher, theater director, rector of the central art institution of higher education in Europe in the 19th century – the Vienna Conservatory. The concept of A. Salieri’s involvement in the early death of is refuted Mozart. The aim consists in recreating the image of Antonio Salieri based on the memories of his contemporaries and epistolary and journalistic literature. The tasks of the research are the analy of primary sources on this issue and the identification of modern approaches to Antonio Salieri’s contribution to the world artistic treasury. Research methods. The methodology of the author’s research is based on the content-comparative method, which allows you to determine the reliability of one or another source, the ratio of traditionally established and non-traditional vision of the image of a prominent representative of his era – Antonio Salieri. Reconstruction was also used – to reproduce the events of the era at the turn of the 18 – 19th centuries within the scope of the research. Research results: The development of the pedagogical heritage of A. Salieri in the activities of his students and followers is shown; the creative portrait of Y.N. Hummel, who, thanks to the Maestro, mastered vocal art, Italian musical terminology, music theory and solfeggio, choral singing and conducting, orchestration, pedagogical skills, combined “Salierian” classicism and his own romanticism. The achievements of Fortunata Valzel-Franchetti as a singer, artist and teacher are analyzed, and it is shown how the vocal-pedagogical school of A. Salieri came to Ukraine through her. Conclusion.The analysis of primary sources –correspondence, diaries of Antonio Salieri and his students, made it possible to find out the significance of the Maestro’s creative heritage for subsequent eras, to recreate his image based on the memories of his contemporaries and epistolary and journalistic literature. 27 archival cases were presented for consideration, which gave an opportunity to understand how domestic scientists, artists and publicists treated Antonio Salieri throughout the 20th century, so often they turned to his creative heritage. After careful analysis of these materials, it can be said that their assessment was very high. (shrink)

Research on justice climate demonstrates a consistent effect on workgroup outcomes such as job satisfaction, commitment, and performance. However, little research considers how justice climate affects these outcomes and when the relationship is stronger or weaker. In an effort to extend the literature on justice climate, we draw on research on other types of organizational climate to suggest justice climate influences the fair behavior of coworkers. Specifically, we propose fair coworker behavior mediates the relationship between justice climate and outcomes. (...) Further, we examine the influence of workgroup structure on this mediated relationship. We examine these relationships in two studies and find support for the mediating effect of fair coworker behavior and the proposed moderated mediation model. Implications of these results for justice and climate research are considered. (shrink)

Despite increased attention to the question of how best to evaluate clinical ethics consultations and emphasis on external evaluation, there has been little sustained focus on how we, as clinicians, make sense of and learn from our own experiences in the midst of any one consultation. Questions of how we evaluate the request for, unfolding of, and conclusion of any specific ethics consultation are often overlooked, along with the underlying question of whether it is possible to give an accurate (...) account of clinical ethics consultants’ experience as experienced by ethics consultants. Before the challenge of submitting one’s accounts or case reports for review and evaluation from others, there is an underlying challenge of understanding and evaluating our own accounts. To highlight this crucial and deeply challenging dimension of actual clinical ethics practice, we present an account of a complex consultation, explicitly constructed to engage the reader in the unfolding experience of the consultant by emphasizing the multiple perspectives unfolding within the consultant’s experience. Written in script format, the three perspectives presented—prototypical clinically descriptive account; didactically reflective and self-evidentiary account often seen in journal presentations; highly self-critical reflective account emphasizing uncertainties inherent to clinical ethics practice—reflect different manners for responding to the ways actual clinical involvement in ethics consultation practice accentuates and refocuses the question of how to understand and evaluate our own work, as well as that of our colleagues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:323 A DEFENSE OF HUME ON IDENTITY THROUGH TIME A durable complaint against Hume is that he blatantly begs the question in his Treatise account of our acquisition of the idea of identity through time. Green and Grose made the accusation in 1878; one hundred years later Stroud echoed the same accusation, its force and liveliness seemingly undiminished. I suggest that this accusation is based on a tempting but (...) unwarranted assumption about Humean perceptions. It is unwarranted despite Price's arguments for it. When the assumption is corrected Hume is exonerated. This defense prepares the way for a new understanding of Hume's subtle and important theory of identity. Clarifying his theory is the goal; defending him is the means. I will merely summarize the Green and Grose interpretation, saving detailed examination for Stroud's. Stroud's version seems more tightly argued for and spares one the problems of interpreting commentators from a different philosophical tradition. Green and Grose run together Hume's account of the acquisition of the idea of identity, with his account of the application of that idea to a succession of related perceptions. This fully intended confusion can be explained by their understanding of Hume's claim that "impressions are... perishing existences." (T 194) They assume that for Hume no perception (impression or idea) is a unity if it exists at an interval of time composed of a succession of times. Rather the perception is really a succession of perceptions. Their assumed interpretation makes Hume seem to them to beg the question as follows: To acquire the idea of identity through time is to acquire the idea of something 324 which is unitary and exists at a succession of times. But any impression which might give this idea is really a succession of related impressions. A succession of related impressions can convey the idea of identity only by being confused with a unitary impression which exists at a succession of times. Such confusion would be possible only for someone who already had the idea of something unitary which exists at a succession of times. So the idea of 2 identity can be acquired only if it is already had. In other words, Hume claims that an impression had for a relatively long time gives the idea of identity. Any long impression is really a succession. A succession can give the idea of identity only if it is confused with something that has identity. That confusion requires the idea of identity already. So Hume begs the question. There are gaps in this argument. But its influence has been important and its structure is clear: If we assume that perceptions are exceedingly brief, then Hume begs the question. (I will call the assumption 'the prosecution's assumption.') Stroud's argument that Hume begs the question has the same structure, or so I will argue. The role of the prosecution's assumption is not immediately apparent, but it is a crucial role. Stroud's accusation is as follows: By Hume's definition, identity is the invariableness and uninterruptedness of an object through a supposed change in time. (T 201) However, on Hume's account of acquiring the concept of identity, the acquisition involves imagining a change in time without any variation or interruption in an object. But that just ¿s, by definition, to imagine the object's identity through the change in time. So acquiring the concept of identity requires an act of imagination involving the 325 concept of identity. So, Stroud concludes, on Hume's account the concept of identity can be acquired only 3 if it is had. Hume's account begs the question. I think it is usually unwise to attribute blunders to subtle thinkers. I will not do it to Hume, nor to his commentators. I will argue that what Hume presupposes in explaining identity through time is a little different from identity through time. Thus the presupposition is not question-begging. More specifically, I will argue that Hume distinguishes three technical concepts, three ways to take up time: (i) merely occupying an interval of time, (ii) having duration for an interval of time, and (iii) being identical through an interval of time. Concept (iii... (shrink)

Arguments that ordinary inanimate objects such as tables and chairs, sticks and stones, simply do not exist have become increasingly common and increasingly prominent. Some are based on demands for parsimony or for a non-arbitrary answer to the special composition question; others arise from prohibitions against causal redundancy, ontological vagueness, or co-location; and others still come from worries that a common sense ontology would be a rival to a scientific one. Until now, little has been done to address these (...) arguments in a unified and systematic way. Ordinary Objects is designed to fill this gap, demonstrating that the mistakes behind all of these superficially diverse eliminativist arguments may be traced to a common source. It aims to develop an ontology of ordinary objects subject to no such problems, providing perhaps the first sustained defense of a common sense ontology in two generations. The work done along the way addresses a number of major issues in philosophy of language and metaphysics, contributing to debates about analyticity, identity conditions, co-location and the grounding problem, vagueness, overdetermination, parsimony, and ontological commitment. In the end, the most important result of addressing these eliminativist arguments is not merely avoiding their conclusions; examining their failings also gives us reason to suspect that many apparent disputes in ontology are pseudo-debates. For it brings into question widely-held assumptions about which uses of metaphysical principles are appropriate, which metaphysical demands are answerable, and how we should go about addressing such fundamental questions as "What exists?". As a result, the work of Ordinary Objects promises to provide not only the route to a reflective understanding of our unreflective common-sense view, but also a better understanding of the proper methods and limits of metaphysics. (shrink)

Summary The Copernican system was condemned as heretical by a decree of the Roman Inquisition in 1633. This decree was effectively, though not officially, withdrawn in 1757, after which date Catholic astronomers felt themselves free to accept and propagate the system without reserve. Between these dates their attitudes varied greatly. In France the decree was never promulgated and was legally unenforceable. Astronomers could be Copernican without any fear of consequences and most of them were, though some, out of respect for (...) the Church, refrained from declaring themselves publicly. In Italy the possible risks were greater, but a few Copernican or near-Copernican works were published without hostile reactions. The ecclesiastical authorities were tolerant and made little positive effort to enforce conformity. By 1744, the system was being freely propagated in Rome itself. (shrink)

ABSTRACT‘Green’ concerns about nature, the environment or the climate have traditionally been juxtaposed with concerns about economic growth or job creation. Recently, however, a new type of conflict has appeared, in which different green concerns, for instance regarding mitigation of climate change and protection of landscape qualities, seem to collide. These environmental conflicts have so far received little scholarly attention. This article addresses the issue by a study of national and in particular local news media discussion on the construction (...) of wind turbines in Denmark, bringing together research traditions from environmental communication, discourse analysis, and place studies. Analytically, the study employs the notion of topos as the key meaning unit, referring to the premises upon which an argument is based. In addition to the empirical findings, the study points to methodological potential of the concept of topos to integrate qualitative and quantitative approaches within a discourse studie... (shrink)

An Acquaintance of mine decided, in the late 1950s, to become an officer in the U.S. Navy, until he discovered a Navy regulation stating that ugly men would not be accepted as officer candidates. Surely there is something suspicious about such a policy. Yet, in a time when people are so conscious of the many forms of discrimination — race, colour, sex, age, religion — it is somewhat surprising that little serious attention is given to the practice of what (...) I shall call ‘aesthetic discrimination against persons’, discrimination on the basis of appearance or looks. It is true that, in recent years, some social scientists have conducted research leading them to the conclusion that human beings prefer and esteem good looking people over plain or ugly ones. A few of these researchers have even been willing to venture moral opinions on the subject. (shrink)

Although Foucault adamantly refused to make moral pronouncements or dictate moral principles or political programs to his readers, his work offers a number of tools and concepts that can help us develop our own ethical views and practices. One of these tools is genealogical analysis, and one of these concepts is “biopower.” Specifically, this essay seeks to demonstrate that Foucault's concept of biopower and his genealogical method are valuable as we consider moral questions raised by genetic enhancement technologies. First, it (...) examines contemporary debate over the development, marketing, and application of such technologies, suggesting that what passes for ethical deliberation is often little more than political maneuvering in a field where stakes are very high and public perceptions will play a crucial role in decisions about which technologies will be funded or disallowed. It goes on to argue that genuine ethical deliberation on these issues requires some serious investigation of their historical context. Accordingly, then, it takes up the oft-heard charge from critics that genetic enhancement technologies are continuous with twentieth-century eugenic projects or will usher in a new age of eugenics. Foucault explicitly links twentieth-century eugenics with the rise of biopower. Through review of some aspects of the twentieth-century eugenics movement alongside some of the rhetoric and claims of enhancement's modern-day proponents, the essay shows ways in which deployment of genetic enhancement technologies is and is not continuous with earlier deployments of biopower. (shrink)

The Hellenistic Schools of Epicureanism, Cynicism and Stoicism are considered to constitute the first, albeit modest, wave of feminism. But the question: ‘Were the Stoics Feminists?’ has attracted little attention due to a paucity of available evidence. What this paper attempts is a comprehensive treatment of the subject. In particular it addresses two distinct claims that have been made about the Stoic attitude to women. The first claim challenges the view that the Stoics were thoroughgoing feminists. The second is (...) that, given the Stoic fixation on social duty, women's relegation to the domestic sphere is a consistent Stoic position. It is argued that Stoicism was fundamentally committed to the emancipation of women even though many of its proponents were inconsistent feminists. This inconsistency put them at odds with Stoicism's avowed mission to provide a critique of social convention and to promote the ideals of the cosmopolis. (shrink)

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The moral semantics (...) claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

To date, research into socially responsible investment (SRI), and in particular the socially responsible investment funds industry, has focused on whether investing in SRI assets has any differential impact on investor returns. Prior findings generally suggest that, on a risk-adjusted basis, there is no difference in performance between SRI and conventional funds. This result has led to questions about whether SRI funds are really any different from conventional funds. This paper examines whether the portfolio allocation across industry sectors and the (...) stock-picking ability of SRI managers are different when compared to conventional fund managers. The study finds that SRI funds exhibit different industry betas consistent with different portfolio positions, but that these differences vary from year to year. It is also found that there is little difference in stock-picking ability between the two groups of fund managers. (shrink)

OBJECTIVES: To determine the epidemiology and the underlying pathological conditions of natural deaths among motor vehicle drivers. Sudden death while driving may cause damage to properties, other vehicles or road users. Although the Medical Commission on Accident Prevention recommended restrictions to drivers at risk of sudden death due to their medical conditions, these restrictions are useless if they do not result in greater safety to the public. DESIGN: A retrospective study of natural deaths of motor vehicle drivers. SETTING: Natural deaths (...) of motor vehicle drivers reported to the coroner for Birmingham and Solihull. SUBJECTS: 86 consecutive natural deaths of motor vehicle drivers in a five-year period between 1984 and 1988. RESULTS: Of the 86 fatalities reviewed, 80 (93%) sudden deaths were caused by ischaemic heart disease. Fifty vehicles were involved in collision with 32 properties, 20 other vehicles and six pedestrians. Fifty-one out of 80 cardiac deaths had past cardiac history and three had reported chest pain prior to the sudden death. CONCLUSION: An applied normative ethical assessment based on the basic moral principles of autonomy, justice, beneficence and non-maleficence are discussed. We conclude that medical screening of drivers has little benefit for the drivers or other persons. (shrink)

We are essentially a society of cells that come from a single cell, the fertilised egg. Research in cell biology has made major advances that are relevant to medicine and our understanding of life. Our understanding of the role of genes and proteins is impressive. But is this science dangerous? The whole of Western literature has not been kind to cell scientists and is filled with images of scientists meddling with nature, with disastrous results.1 Just consider Shelley’s Frankenstein, Goethe’s Faust (...) and Huxley’s Brave New World. One will search with very little success for a novel in which scientists come out well—the persistent image is that of scientists as a group unconcerned with ethical issues.There is a fear and distrust of cell science, particularly genetic engineering, leading to genetically modified foods, genetic modification of humans, cloning and stem cells. There is something of a revulsion in humankind’s meddling with nature and a longing for a Rousseauish-like return to golden age of innocence. There is anxiety that scientists lack both wisdom and social responsibility and are so motivated by ambition that they will follow their research anywhere, no matter what the consequences. Scientists are repeatedly referred to as “playing God”. Many of these criticisms coexist with the hope, particularly in medicine, that science will provide cures to all major illnesses, such as cancer, heart disease and genetic disabilities such as cystic fibrosis. But is cell science dangerous and what are the special social responsibilities of scientists? It is worth noting one irony: although scientists are blamed for making us live in a high-risk society, it is only because of science that we know about these risks, such as those related to health.The media must bear much of the responsibility for the misunderstanding of genetics as genetic pornography is, …. (shrink)

Canada has a marked shortfall between the supply and demand for kidneys for transplantation. Median wait times for deceased donor kidney transplantation vary from 5.8 years in British Columbia, 5.2 years in Manitoba and 4.5 years in Ontario to a little over 2 years in Quebec and Nova Scotia. Living donation provides a viable option for some, but not all people. Consequently, a small number of people travel abroad to undergo kidney transplantation by commercial means. The extent to which (...) they are aware of the potential risks to their health and the health of the kidney vendors is unclear. Travel abroad to obtain a kidney commercially i.e. transplant tourism (TT), raises ethical issues which include the exploitation of the poor, uncertainty of donor informed consent to nephrectomy, poor clinical care and lack of follow up for the donor, commodification of the body and inequity of access to medical care for donors. Also, TT widens socioeconomic disparities in access to transplantation, differing from the Canadian system of universal coverage for healthcare. The Canadian transplant community has discussed how to respond to patients who plan to travel abroad for TT or return with a purchased kidney. Unease rests in the tension between the duty to care for legitimate Canadian residents and the unwillingness to enable TT. This paper discusses three anonymized cases and the Canadian responses to TT as recorded in academic literature and a formal statement by relevant professional bodies. (shrink)

Open peer commentary on the target article “Arguments Opposing the Radicalism of Radical Constructivism” by Gernot Saalmann. First paragraph: Gernot Saalmann presents in his paper an exposition of radical constructivism that throws together such diverse thinkers as von Glasersfeld, Maturana, Varela and Luhmann. He presents their views as something of a unified front, although actually only Glasersfeld consistently represents radical constructivism. In his exhibition and critique of radical constructivism Saalmann fluctuates between ontological, epistemological and neurophysiological arguments that have often (...) class='Hi'>little bearing on the original ideas of radical constructivism. For example, his discussion on sensory coding (§16) is hardly relevant to the basic tenets of radical constructivism. “Sensory coding” entails that there is information in the environment that can be transmitted to the organism through senses; a model denied by radical constructivism (see e.g. Glasersfeld 1995a, pp. 115–116). (shrink)