Many critics of the legalization of physician‐assisted death oppose it in part because they fear it will further disadvantage those who are already economically disadvantaged. This argument points to a serious problem of how economic considerations can influence medical decisions, but in the context of PAD, the concern is not borne out. We will provide empirical evidence suggesting that concerns about money influence medical decisions throughout the full course of illness, but at the end of life, financial pressure is much (...) more likely to influence a decision to pursue or reject aggressive life‐extending care than it is to influence a request for PAD. We will also address the question of whether financial pressure as a result of being poor—particularly in the context of an inadequate social safety net—robs people of their autonomy, rendering their informed request and consent invalid. We argue that it does not. We will emphasize the impracticality and injustice of rejecting the role of poverty as a legitimate factor in decision‐making, the irrational distinction between PAD and withdrawal of life‐sustaining care, and the more appropriate focus on the great flaws in the American health care system. (shrink)

[opening paragraph}: The latest book by moral philosopher Mary Midgley prompted Anthony Freeman to consider some of the cultural and ethical aspects of consciousness and to discuss them with the author. What have ethics to do with consciousness? First, it is consciousness that makes morality possible. Second, neither subject fits comfortably into currently popular reductive schemes. As a consequence both have tended to be isolated in a ghetto, shut off from the rest of the intellectual scene. So believes Mary (...) Midgley, and in The Ethical Primate she seeks to open up the ghetto for the good of those on both sides of its walls. (shrink)

Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past (...) efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University. (shrink)

Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past (...) efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University. (shrink)

Born and raised in Baltimore, Maryland, John Rawls received his undergraduate and graduate education at Princeton. After earning his Ph.D. in philosophy in 1950, Rawls taught at Princeton, Cornell, the Massachusetts Institute of Technology, and, since 1962, at Harvard, where he is now emeritus. Rawls is best known for A Theory of Justice (1971) and for developments of that theory he has published since. Rawls believes that the utilitarian tradition has dominated modern political philosophy in English-speaking countries because its critics (...) have failed to develop an alternative social and political theory as complete and systematic. Rawls's aim is to develop such an alternative: a contractarian view of justice, derived from the tradition of Locke, Rousseau, and especially Kant. Rawls carries social contract theory to a "higher order of abstraction" by viewing the principles of justice themselves as the objects of a social contract. Justice is the solution to a problem, which arises in this way: Society, as it is conceived in a liberal democracy, is a cooperative venture between free and equal persons for their mutual advantage. Individuals participate in it in order to implement their conceptions of the good life. Cooperation makes a better life possible for everyone by increasing the stock of what Rawls calls "primary goods" - things which it is rational to want whatever else you want, because they are required for any conception of a good life. Primary social goods include rights, liberties, powers, opportunities, income, wealth, and the social bases of self-respect. But society is also characterized by conflict, since people disagree not only about how its benefits and burdens should be distributed, but also about conceptions of the good. Principles of justice are used to evaluate the distributions of benefits and burdens and the institutions which effect them. Rawls's idea is to identify an acceptable conception of justice by asking what principles it would be reasonable for the members of society to agree to, which is to say, what principles would be fair.. (shrink)

Philosophy of Communication Ethics is a unique and timely volume that creatively examines communication ethics, philosophy of communication, and "the other.".

This study examines the cross‐cultural generality of Hering's (1878/1964) color‐opponent theory of color appearance. English‐speaking and Somali‐speaking observers performed variants of two paradigms classically used to study color‐opponency. First, both groups identified similar red, green, blue, and yellow unique hues. Second, 25 English‐speaking and 34 Somali‐speaking observers decomposed the colors present in 135 Munsell color samples into their component Hering elemental sensations—red,green,blue, yellow, white, and black—or else responded “no term.” Both groups responded no term for many samples, notably purples. Somali (...) terms for yellow were often used to name colors all around the color circle, including colors that are bluish according to Hering's theory. Four Somali Grue speakers named both green and blue elicitation samples by their term for green. However, that term did not name the union of all samples called blue or green by English speakers. A similar pattern was found among three Somali Achromatic speakers, who called the blue elicitation sample black or white. Thus, color decomposition by these Somali‐speaking observers suggests a lexically influenced re‐dimensionalization of color appearance space, rather than a simple reduction of the one proposed by Hering. Even some Somali Green‐Blue speakers, whose data were otherwise similar to English, showed similar trends in yellow and blue usage. World Color Survey data mirror these results. These within‐ and cross‐cultural violations of Hering's theory do not challenge the long‐standing view that universal sensory processes mediate color appearance. However, they do demonstrate an important contribution of language in the human understanding of color. (shrink)

Should face transplants be undertaken? This article examines the ethical problems involved from the perspective of the recipient, looking particularly at the question of identity, the donor and the donor’s family, and the disfigured community and society more generally. Concern is expressed that full face transplants are going ahead.

The Declaration of Helsinki and the Council of the International Organization of Medical Sciences provide guidance on standards of care and prevention in clinical trials. In the current and increasingly challenging research environment, the ethical status of a trial design depends not only on protection of participants, but also on social value, feasibility, and scientific validity. Using the example of a study assessing efficacy of a vaccine to prevent human papilloma virus in HIV-1 infected adolescent girls in low resource countries (...) without access to the vaccine, we compare several trial designs which rank lower on some criteria and higher on others, giving rise to difficult trade-offs. This case demonstrates the need for developing more nuanced guidance documents to help researchers balance these often conflicting criteria. (shrink)

Ethical physicians need to share their biases and prejudices and articulate alternatives and also be tolerant of the decisions of their patients and families.I believe that I am a moral, caring, dedicated doctor working with children and parents who are often faced with ethical problems of large and small dimensions. There is no question that these decisions should be ethical, but, in general, I find ethical theory of little day-to-day use. Indeed, even when an ethicist joins me in a discussion (...) of “What should I do?”, or more appropriately, “What should I advocate be done?”, I usually find their additions to the discussion wanting. Ethical theory gives guidance but does not seem to provide sufficient help in decisions for the individual case: What will be best for the infant with spina bifida while still in utero? Termination of the pregnancy? Birth and long-term care? What is best were that same child already born with a high paraplegia and hydrocephalus? What is best for the infant with a major malformation of the brain and uncontrollable seizures whose only hope for controlling the seizures is removal of half of the brain? What is best for the family in each of these situations and the many others I have encountered? What is best for society?I have been called a Hegelian pragmatist, although my knowledge of Hegel is minimal. I think that the term pragmatist is a badge of honour, because, on the front lines of clinical decision-making, I do not have the philosopher’s luxury of days or weeks for managing words. As a pragmatic doctor, I am forced to be a person of action or inaction. I must make a decision and advocate for the position I take.I am clearly a utilitarian, as I strive to produce the greatest good …. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

We present a computational model of dialectical argumentation that could serve as a basis for legal reasoning. The legal domain is an instance of a domain in which knowledge is incomplete, uncertain, and inconsistent. Argumentation is well suited for reasoning in such weak theory domains. We model argument both as information structure, i.e., argument units connecting claims with supporting data, and as dialectical process, i.e., an alternating series of moves by opposing sides. Our model includes burden of proof as a (...) key element, indicating what level of support must be achieved by one side to win the argument. Burden of proof acts as move filter, turntaking mechanism, and termination criterion, eventually determining the winner of an argument. Our model has been implemented in a computer program. We demonstrate the model by considering program output for two examples previously discussed in the artificial intelligence and legal reasoning literature. (shrink)

During each school semester, students face an onslaught of material to be learned. Students work hard to achieve initial mastery of the material, but when they move on, the newly learned facts, concepts, and skills degrade in memory. Although both students and educators appreciate that review can help stabilize learning, time constraints result in a trade-off between acquiring new knowledge and preserving old knowledge. To use time efficiently, when should review take place? Experimental studies have shown benefits to long-term retention (...) with spaced study, but little practical advice is available to students and educators about the optimal spacing of study. The dearth of advice is due to the challenge of conducting experimental studies of learning in educational settings, especially where material is introduced in blocks over the time frame of a semester. In this study, we turn to two established models of memory—ACT-R and MCM—to conduct simulation studies exploring the impact of study schedule on long-term retention. Based on the premise of a fixed time each week to review, converging evidence from the two models suggests that an optimal review schedule obtains significant benefits over haphazard (suboptimal) review schedules. Furthermore, we identify two scheduling heuristics that obtain near optimal review performance: (a) review the material from μ-weeks back, and (b) review material whose predicted memory strength is closest to a particular threshold. The former has implications for classroom instruction and the latter for the design of digital tutors. (shrink)

The fiftieth volume of the Current Legal Problems series contains the now customary selection of high quality essays by a group of outstanding scholars. To celebrate the golden anniversary of the work, contributors were each asked to take stock of developments in their particular area of expertise over the past fifty years, and to give a critical analysis of where the law now stands. It therefore contains a particularly valuable and broad-ranging set of contributions. A paperback version of this book (...) is being published simultaneously. (shrink)

This book is the fifty-first volume of Current Legal Problems and contains the now customary selection of high quality essays by a group of outstanding scholars. This volume gathers together a galaxy of stars from the academic firmament to provide in a particularly valuable and broad-ranging set of contributions a stimulating study of legal theory at the end of the millennium.

Many have pointed out that the utility of mathematical objects is somewhat disconnected from their ontological status. For example, one might argue that arithmetic is useful whether or not numbers exist. We explore this phenomenon in the context of Divine Conceptualism, which claims that mathematical objects exist as thoughts in the divine mind. While not arguing against DC claims, we argue that DC claims can lead to epistemological uncertainty regarding the ontological status of mathematical objects. This weakens DC attempts to (...) explain the utility of mathematical objects on the basis of their existence. To address this weakness, we propose an appeal to Liggins’ theory of Belief Expressionism. Indeed, we point out that BE is amenable to the ontological claims of DC while also explaining the utility of mathematical objects apart from reliance upon their existence. We illustrate these themes via a case study of Peano Arithmetic. (shrink)

Alan William Raitt, a Fellow of the British Academy, went up to Magdalen College at the University of Oxford from King Edward's Grammar School in Morpeth, in 1948. He progressed from being an undergraduate there to graduate student, Fellow by Examination, Fellow, Tutor, and Senior Tutor, as well as serving the college as a distinguished Vice-President from 1983 to 1985. Raitt had by then already been named in 1976 Special Lecturer in French Literature for the university and, three years later, (...) University Reader. In 1992 he received the accolade of an ad hominem Chair. Raitt had a gift for friendship; one of his greatest friends was Pierre Castex. His reputation as an international authority on nineteenth-century French literature is second to none. Unlike some British and American scholars, Raitt is widely read and admired by the French themselves, and his name figures prominently in all bibliographies devoted to Villiers de l'Isle-Adam and Gustave Flaubert. Despite his many commitments, both in Oxford and in the sphere of French studies generally, he remained a consistently prolific scholar. (shrink)

This paper presents a stylized bioeconomic model of hunter-gatherer foraging effort designed to study the process of intensification on open-access resources. A critical insight derived from the model is that the very success of an adaptation at the level of an individual forager group can create system-level vulnerabilities that subsequently feed back to cause emergent social change. The model illustrates how the intensification of harvest time by individuals within a habitat creates a forager-resource system that becomes vulnerable to perturbations. When (...) the system is vulnerable, it is characterized by two resource harvest equilibria: a sustainable, low-effort equilibrium and a degraded, high-effort equilibrium. In this situation, the forager-resource system can be shocked back and forth between these different equilibria by perturbations, generating considerable risk for foragers. We use the model to isolate the ecological conditions under which the instability of the system generates the risk that foragers will experience a shortfall of resources, and we suggest a mechanism that might lead foragers to adopt social institutions that regulate who can access a habitat as an adaptive response. As an illustration of the potential utility of the insights drawn from the model, comparisons are made with a substantial ethnographic data set. (shrink)

I argue that, because God is the author of history and has a purpose for his creation, evolution has a plot and can be analyzed with tools drawn from literary criticism. This necessitates engagement with the “epic of evolution” genre of scientific literature. I survey several prominent versions of the epic and distinguish between a purely naturalistic epic of evolution and a goal‐oriented Christian epic of evolution (CEE). In dealing with CEE, I use the thought of J. R. R. Tolkien, (...) along with Kevin Vanhoozer and Dorothy Sayers, to discuss the ways in which we can theologically legitimate speaking of God as the “author” of evolutionary history. (shrink)

Gay marriages (as such) are not as yet allowed anywhere but the demand for them is increasing. Most countries take a liberal attitude towards marriage: few obstacles are put in its way. But objections to gay marriages continue to be raised. These objections are refuted and the case for gay marriage is assessed through the prism of various forms of liberalism. The normative argument for allowing gay marriage is shown to be both strong and consistent with many of the values (...) upheld by the opponents of such unions. (shrink)

Theology, Fantasy, and the Imagination analyzes theological, religious, and philosophical themes in classical Christian fantasy, contemporary “post-Christian” fantasy, and fantasy at play in table top games such as Dungeons and Dragons and Magic: the Gathering.