The present study examines the work of a group of medical scientists as they identify interpretative ‘pitfalls’ – recurrent sources of error – in the use of a new radiographic technique, formulate suggestions on how these pitfalls can be avoided and communicate their findings in the form of a scientific publication. The analysis focuses on a session in which previously diagnosed cases are discussed, and demonstrates the ways in which a certain source of diagnostic error gradually emerges as a taken-for-granted (...) in the interaction. An increased sense of recognition, recurrence and typicality is discernible in the treatment of the cases. Talk characterized by expansions and elaborations, displays of understanding in the form of reformulations, understanding checks, and so on, leave room for brief typifications and reifications of interpretative difficulties in characteristics of the imaging technique. Topical treatment of perception and interpretation, as well as embodied engagement, become decreasingly salient. It is argued that the abstracted formulations in the published text rely on the case-by-case working up of generality from particularity; from individualized accounts of why ‘I’ interpreted the image in a certain way to proffered generalizations achieved through articulated perceptions of a generalized ‘one’. If these proffers are ratified, a potential ground is established for the consensual formulation of a pitfall. The formulation of novel instructions is consequently made relevant, projecting a re-instructed diagnostic practice. (shrink)

A growing awareness of a subsurface fossil record of mostly hyphal fungi organisms stretching back through the Phanerozoic to ≈400 megaannum (Ma) and possibly earlier, provides an alternative view on hyphal development. Parallel with the emergence of hyphal fungi during Ordovician–Devonian times when plants colonized the land, which is the traditional notion of hyphal evolution, hyphae‐based fungi existed in the deep biosphere. New insights suggest that the fundamental functions of hyphae may have evolved in response to an ancient subsurface endolithic (...) life style and might have been in place before the colonization of land. To address the gaps in the current understanding of hyphal evolution a strategy based on research prospects involving investigations of uncharted geological material, new diagnostics, and comparisons to live species is proposed. (shrink)

In the present work we investigated distinct sources of construct-relevant psychometric multidimensionality in two sport-specific measures of coaches’ need-supportive (ISS-C) and controlling interpersonal (CCBS) styles. A recently proposed bifactor exploratory structural equation modeling (ESEM) framework was employed to achieve this aim. In Study 1, using a sample of floorball players, the results indicated that the ISS-C can be considered as a unidimensional measure, with one global factor explaining most of the variance in the items. In Study 2, using a sample (...) of male ice hockey players, the results indicated that the items in the CCBS are represented by both a general factor and specific factors, but the subscales differ with regard to the amount of variance in the items accounted for by the general and specific factors. These results add further insight into the psychometric properties of these two measures and the dimensionality of these two constructs. (shrink)

Diverse micro‐organisms populate a global deep biosphere hosted by rocks and sediments beneath land and sea, containing more biomass than any other biome except forests. This paper reviews an emerging palaeobiological archive of these dark habitats: microfossils preserved in ancient pores and fractures in the crust. This archive, seemingly dominated by mineralized filaments (although rods and coccoids are also reported), is presently far too sparsely sampled and poorly understood to reveal trends in the abundance, distribution, or diversity of deep life (...) through time. New research is called for to establish the nature and extent of the fossil record of Earth's deep biosphere by combining systematic exploration, rigorous microanalysis, and experimental studies of both microbial preservation and the formation of abiotic pseudofossils within the crust. It is concluded that the fossil record of Earth's largest microbial habitat may still have much to tell us about the history of life, the evolution of biogeochemical cycles, and the search for life on Mars. (shrink)

Although the production and recognition of social actions have been central concerns for conversation analysis from the outset, it has recently been argued that CA is yet to develop a systematic analysis of ‘action formation’. As a partial remedy to this situation, John Heritage introduces ‘epistemic status’, which he claims is an unavoidable component of the production and recognition of social action. His proposal addresses the question how is social action produced and recognized? by reference to another question how is (...) relative knowledge recognized? Despite the importance placed on the latter question, it is not clear how it is to be answered in particular cases. We argue that the introduction of epistemic status builds on a reformulation of the action formation problem that unnecessarily de-emphasizes the importance of the sequential environment. Our re-analyses of key sequences cast doubts on the empirical grounding of the epistemic program, and question whether the fundamental role of epistemic status has been convincingly demonstrated. (shrink)

Digital contact tracing, in combination with widespread testing, has been a focal point for many plans to “reopen” economies while containing the spread of Covid‐19. Most digital contact tracing projects in the United States and Europe have prioritized privacy protections in the form of local storage of data on smartphones and the deidentification of information. However, in the prioritization of privacy in this narrow form, there is not sufficient attention given to weighing ethical trade‐offs within the context of a public (...) health pandemic or to the need to evaluate safety and effectiveness of software‐based technology applied to public health. (shrink)

On-line, just as off-line, there are ways of assessing the credibility of information sources. The Internet, although it arguably makes for nothing wholly new in this regard, complicates the ordinary task of assessing credibility. In the first section, I consider a specific example and argue that Internet content providers have no clear interest in resolving these comlications. In the second, I consider four general ways that we might assess credibility and explore how they apply to life online. Finally, I argue (...) that even careful information gathering may pose subtle pitfalls but that some of these may be mitigated on-line. (shrink)

Whistleblowing on organizational wrongdoing is becoming increasingly prevalent. What aspects of the person, the context, and the transgression relate to whistleblowing intentions and to actual whistleblowing on corporate wrongdoing? Which aspects relate to retaliation against whistleblowers? Can we draw conclusions about the whistleblowing process by assessing whistleblowing intentions? Meta-analytic examination of 193 correlations obtained from 26 samples (N = 18,781) reveals differences in the correlates of whistleblowing intentions and actions. Stronger relationships were found between personal, contextual, and wrongdoing characteristics and (...) whistleblowing intent than with actual whistleblowing. Retaliation might best be predicted using contextual variables. Implications for research and practice are discussed. (shrink)

This issue covers a topic widely being discussed at Ethics Committee meetings around the country, namely the line between life and death in organ procurement. While the debate over whether and when...

This article focuses on the ‘gift of aid’ and its impact upon the local moral economy in a Sri Lankan village affected by the tsunami disaster in 2004. The importance of giving, receiving, and reciprocating for the shaping and consolidation of social relations has long been recognized. The act of giving reflects one of the most basic principles of morality and has constituted a classical anthropological field of inquiry. The impact that humanitarian aid had on the local moral economy of (...) a community struck by disaster and the various ways the ‘gift of aid’ was understood and valued by donors, brokers, and recipients is explored. Also examined is how processes of change were set in motion, benefiting some people and relationships but marginalizing others. Local lifeworlds were shattered in multiple ways and became caught in tensions between competing moral discourses concerning modernity, the collective, and the global. Promoting material recovery disaster aid also generated disorder and fragmentation of lo.. (shrink)

In this article, interviewing from a descriptive, phenomenological, human scientific perspective is examined. Methodological issues are raised in relation to evaluative criteria as well as reflective matters that concern the phenomenological researcher. The data collection issues covered are 1) the selection of participants, 2) the number of participants in a study, 3) the interviewer and the questions, and 4) data collection procedures. Certain conclusions were drawn indicating that phenomenological research methods cannot be evaluated on the basis of an empiricist theory (...) of science, but must be critiqued from within a phenomenological theory of science. Some reflective matters, experienced by the phenomenological researcher, are also elaborated upon. (shrink)

A satisfactory normative theory of acceptable risk would be useful in resolving current disputes over government safety regulation of the workplace, consumer products, and technology. Alan Gewirth has attempted to develop such a theory, arguing from the individual's right not to be harmed by the risk-imposing activities of others. His theory is analyzed in detail, and the difficulties faced by such rights-based (deontological) approaches are pointed out. It is argued that a satisfactory theory will not be of a simple rights-based (...) form. Reason is also given for doubting that it will be of a simple utilitarian form. (shrink)

This paper investigates the moral emotion of being socially, but non-agentially connected to a harm. I propose understanding the emotion of an affiliated onlooker as a species of regret called ‘social-regret’. Breaking from existing guilt- and shame-based accounts, I argue that social-regret can be a fitting, expressive, and revelatory reactive attitude that opens the way for deliberation over accountability for others’ harms. When we feel social-regret, our attention is directed towards the moral salience of our social relations and the expectations (...) that undergird them, as well as possibilities for ameliorative action. I consider several existing accounts of affiliated onlookers’ emotions (including embarrassment, guilt, and shame), and I highlight the advantages of supplementing these with a regret-based account. Social-regret provides a novel way to understand negative, self-directed emotions in response to others’ harms as rational, expressive, and potentially reason-giving experiences. (shrink)

A satisfactory normative theory of acceptable risk would be useful in resolving current disputes over government safety regulation of the workplace, consumer products, and technology. Alan Gewirth has attempted to develop such a theory, arguing from the individual's right not to be harmed by the risk-imposing activities of others. His theory is analyzed in detail, and the difficulties faced by such rights-based (deontological) approaches are pointed out. It is argued that a satisfactory theory will not be of a simple rights-based (...) form. Reason is also given for doubting that it will be of a simple utilitarian form. (shrink)

This article provides concrete examples of a phenomenological approach to empathy training, which is a pedagogical method designed for higher education. First, the phenomenology of empathy and empathy training is briefly described. Second, excerpts from training sessions in higher education are provided as examples. The examples are meant as to concretize the purpose of the training in relation to the overall pedagogical process. In addition, some clarifications are made about how a phenomenological approach can facilitate university students’ deeper understanding of (...) how empathy relate to interpersonal understanding in the we-relation. (shrink)

This article presents the tradition of phenomenologically founded psychological research that was originally initiated by Amedeo Giorgi. This data analysis method is inseparable from the broader project of establishing an autonomous phenomenologically based human scientific psychology. After recounting the history of the method from the 1960’s to the present, we explain the rationale for why we view data collection as a process that should be adaptable to the unique mode of appearance of each particular phenomenon being researched. The substance of (...) the article is then devoted to a detailed outline of the method’s whole-part-whole procedure of data analysis. We then offer a sample analysis of a brief description of an ordinary daydream. This is an anxiety daydream in response to the recent Covid-19 pandemic. We present this daydream analysis in full to show the concrete hands-on 5 step process through which the researcher explicated the participants’ expressions from the particular to the general. From this brief sample analysis, the researcher offers a first-person reflection on the data analysis process to offer the reader an introduction to the diacritical nature of phenomenological psychological elucidation. (shrink)

Given the fact that many people use Wikipedia, we should ask: Can we trust it? The empirical evidence suggests that Wikipedia articles are sometimes quite good but that they vary a great deal. As such, it is wrong to ask for a monolithic verdict on Wikipedia. Interacting with Wikipedia involves assessing where it is likely to be reliable and where not. I identify five strategies that we use to assess claims from other sources and argue that, to a greater of (...) lesser degree, Wikipedia frustrates all of them. Interacting responsibly with something like Wikipedia requires new epistemic methods and strategies. (shrink)

The close ties between modes of governing, subjectivities and critique in contemporary societies challenge the role of critical social research. The classical normative ethos of the unmasking researcher unravelling various oppressive structures of dominant vs. dominated groups in society is inadequate when it comes to understand de-politicizing mechanisms and the struggles they bring about. This article argues that only a non-normative position can stay attentive to the constant and complex evolution of modes of governing and the critical operations actors themselves (...) engage in. The article outlines a non-normative but critical programme based on an ethos of re-politicizing contemporary pervasive modes of governing. The analytical advantages and limitations of such a programme are demonstrated by readings of both Foucauldian studies and the works of and debates regarding the French pragmatic sociology of Boltanski and Thévenot. (shrink)

According to many philosophers, psychological explanation canlegitimately be given in terms of belief and desire, but not in termsof knowledge. To explain why someone does what they do (so the common wisdom holds) you can appeal to what they think or what they want, but not what they know. Timothy Williamson has recently argued against this view. Knowledge, Williamson insists, plays an essential role in ordinary psychological explanation.Williamson's argument works on two fronts.First, he argues against the claim that, unlike knowledge, (...) belief is``composite'' (representable as a conjunction of a narrow and a broadcondition). Belief's failure to be composite, Williamson thinks, undermines the usual motivations for psychological explanation in terms of belief rather than knowledge.Unfortunately, we claim, the motivations Williamson argues against donot depend on the claim that belief is composite, so what he saysleaves the case for a psychology of belief unscathed.Second, Williamson argues that knowledge can sometimes provide abetter explanation of action than belief can.We argue that, in the cases considered, explanations that cite beliefs(but not knowledge) are no less successful than explanations that citeknowledge. Thus, we conclude that Williamson's arguments fail both coming andgoing: they fail to undermine a psychology of belief, and they fail tomotivate a psychology of knowledge. (shrink)

This paper offers a general characterization of underdetermination and gives a prima facie case for the underdetermination of the topology of the universe. A survey of several philosophical approaches to the problem fails to resolve the issue: the case involves the possibility of massive reduplication, but Strawson on massive reduplication provides no help here; it is not obvious that any of the rival theories are to be preferred on grounds of simplicity; and the usual talk of empirically equivalent theories misses (...) the point entirely. (If the choice is underdetermined, then the theories are not empirically equivalent!) Yet the thought experiment is analogous to a live scientific possibility, and actual astronomy faces underdetermination of this kind. This paper concludes by suggesting how the matter can be resolved, either by localizing the underdetermination or by defeating it entirely. Introduction A brief preliminary Around the universe in 80 days Some attempts at resolving the problem 4.1 Indexicality 4.2 Simplicity 4.3 Empirical equivalence 4.4 Is this just a philosophers' fantasy? Move along... ...nothing to see here 6.1 Rules of repetition 6.2 Some possible replies Conclusion. (shrink)

The objective of this article is to see whether desire for recognition might contain an emancipatory aspect. Could this desire be a political ally? The argumentative strategy is to fully acknowledge the oppressive mechanisms at work before trying to find a way to other outcomes, including emancipation, with which desire for recognition has been associated in the tradition from Hegel. Through a re-interpretation of the master-and-slave dialectic, supplemented by sociological research on status expectations, I suggest a way out of the (...) vicious circle, where desire produced by power finds satisfaction through a preexisting other, resulting in an endless dynamic of compulsive conformity and regressive assertion of status. The hold of this dynamic must not be underestimated, yet, as I argue, both desire and what satisfies desire are liable to change, through struggle. The transformation of the generalized other, which provides recognition, is seen to be a crucial feature of all collective struggle. The very source of recognition is transformed, behind the backs of the actors, in turn affecting their desire. This can but must not lead to the emancipatory outcomes which are traditionally tied to recognition in the Hegelian tradition. (shrink)

In response to an impasse, articulated in the late 1980s, the cognitive capacities of ordinary people assumed central place in contemporary critical social theory. The participants’ perspective gained precedence over scientific standards branded as external. The notion of cognition, however, went unchallenged. This article continues the move away from external standards, and discusses two models of critique, which differ based on their underlying notions of cognition. The representational model builds on cognitive content, misrecognition and normativity; three features which are illustrated (...) with positions adopted by prominent exponents of critical social theory. An alternative understanding relies on action-oriented disclosure and the participants’ basic familiarity with the social world. On this reading, what clashes with unequal structures is skilful coping, rather than representations and normative standards. The action-oriented approach may overcome the dilemma of understanding both the impact and the possible transcendence of unequal structures, although it cannot ultimately replace representational critique. (shrink)

Do we violate human rights when we cooperate with and impose a global institutional order that engenders extreme poverty? Thomas Pogge argues that by shaping and enforcing the social conditions that foreseeably and avoidably cause global poverty we are violating the negative duty not to cooperate in the imposition of a coercive institutional order that avoidably leaves human rights unfulfilled. This article argues that Pogge's argument fails to distinguish between harms caused by the global institutions themselves and harms caused by (...) the domestic policies of particular states and collective action problems for which collective responsibility cannot be assigned. The article also argues that his position relies on questionable factual and theoretical claims about the impact of global institutions on poverty, and about the benefits and harms of certain features of these institutions. Participation in, and benefit from, global institutions is unlikely to constitute a violation of our negative duties towards the poor. Key Words: justice • international regimes • institutions • human rights • trade. (shrink)

Diese Ausgabe bietet erstmals den vollständigen lateinischen Text des ersten Buches des Kommentars zum Liber de causis in kritischer Edition mit deutscher Übersetzung. Sie entstand als ein Gemeinschaftswerk aller Editoren und Mitarbeiter an der in Progreß befindlichen Editio Coloniensis, der kritischen Gesamtausgabe der Alberti Magni Opera Omnia. Albertus Magnus - der Beiname "der Große" ist seit dem 14. Jahrhundert belegt, nachdem ihm schon die Zeitgenossen den Ehrentitel "doctor universalis" verliehen hatten - wird in den Annalen der Philosophiegeschichte zwar stets (...) respektvoll genannt; aber der Schatten seines großen Schülers, Thomas von Aquin, legte sich lange Zeit so sehr über sein Werk, daß die herausragende Stellung, die Albert für die Grundlegung und Ausgestaltung der Metaphysik in der Philosophie des Mittelalters einnimmt, erst neuerlich wieder in das Zentrum der Forschung gerückt ist. (shrink)

Although Arendt is widely cited as an early proponent of what is sometimes called “forward-looking” or “future-looking” responsibility, scholars have not dwelled at length on Arendt’s claim that th...

In response to an impasse, articulated in the late 1980s, the cognitive capacities of ordinary people assumed central place in contemporary critical social theory. The participants’ perspective gained precedence over scientific standards branded as external. The notion of cognition, however, went unchallenged. This article continues the move away from external standards, and discusses two models of critique, which differ based on their underlying notions of cognition. The representational model builds on cognitive content, misrecognition and normativity; three features which are illustrated (...) with positions adopted by prominent exponents of critical social theory. An alternative understanding relies on action-oriented disclosure and the participants’ basic familiarity with the social world. On this reading, what clashes with unequal structures is skilful coping, rather than representations and normative standards. The action-oriented approach may overcome the dilemma of understanding both the impact and the possible transcendence of unequal structures, although it cannot ultimately replace representational critique. (shrink)

Although democratic innovations are spread all over the world, there is little research on the institutional outcomes of implementing such innovations in governmental organisations. To remedy this, it is important to focus on cases where DIs have been implemented and formally connected to the policymaking process over a longer period. Reykjavik provides such a case. Drawing on observations and interviews with key stakeholders over a period of three years, this study analyses how the institutional logic of DIs influenced the local (...) government in Reykjavik. The study presents two conclusions: First, it is clear that one equilibrium has not been replaced by another. Second, there is no peaceful co-existence between the two, but instead the outcome is an organisation in ‘a state of flux’. There are several factors contributing to this outcome, but three stand out: a populist power-shift, dissatisfaction with theworking of the implemented DIs and deliberative ambiguity. In the final part of the article, the institutional outcome is discussed in relation to overall consequences for the political system. (shrink)

I propose and analyze moral emotions that are fittingly experienced when one is socially, institutionally, or structurally affiliated with a perpetrator without causally contributing to their harm. The project explores the nature, scope, and urgency of our reactive attitudes and concomitant responsibilities that arise on account of harms caused by social and political relations. Drawing from resources in phenomenology, social epistemology, moral psychology, and feminist ethics, I argue that affective experiences can direct attention towards the moral salience of our relations (...) and open the way for taking accountability for others’ harm. (shrink)

Worldwide we see the rise of new non-state, ?multi-stakeholder? organizations setting standards for socially and environmentally responsible practices. A multi-stakeholder organization builds on the idea of assembling actors from diverse societal spheres into one rule-setting process, thereby combining their resources, competences, and experiences. These processes also allow competing interests to negotiate and deliberate about their different concerns in global political and ethical matters. This paper analyzes multi-stakeholder dynamics within three global standard setters: the Forest Stewardship Council, the Marine Stewardship Council, (...) and the work of the International Organization for Standardization on social responsibility (ISO 26000). Although the multi-stakeholder organizational form facilitates the establishment of transnational non-state authority, this very structure could also result in fragility. The key aim of this paper is to elaborate on this fragility with specific focus on how participatory aspects within a multi-stakeholder context both contribute to and destabilize the authority of the multi-stakeholder organization. The paper contributes theoretically to current discussions about transnational governance in the making, and more specifically it adds nuance to the discussion about the fragility of non-state authority as well as a critical perspective to the literature on multi-stakeholder arrangements. (shrink)

The effect of early emotional memories have been one of the most researched topics in modern scientific psychology. On the other hand, rigorous qualitative studies have been relatively rare, investigating the lived consequences of early emotional memories. The purpose of this paper is to report on some human scientific research results on the phenomenon, the lived persistent psychological meaning of early emotional memories. The study utilized Giorgi's descriptive phenomenological psychological method. A general psychological structure was discovered indicating constituents such as, (...) the vividness of early emotional memories; emotional needs coping strategies; everyday and life choices; as well as personal values attached to the meaning of an object that was present during the early emotional situation . The results might have implications for human service professionals in that they can contribute to a human scientific foundation in terms of understanding the persistent psychological meaning of early emotional memories as well as opening up for new venues of research on phenomena related to human memory, personality, and life-span developmental psychology. (shrink)

Environmental organisations have been active since the early 1960s in putting environmental issues on the political agenda and in strengthening the environmental consciousness of the public. The struggle has been successful in the sense that there is now a strong demand for practical solutions among all kinds of actors. It is, however, difficult for states and political actors to manage environmental problems by traditional forms and instruments, due to the complex character of the problems. Therefore, environmental organisations take their own (...) initiatives to participate in policy-making by developing new forms, within new arenas, with the help of new instruments. Special attention is paid to the possibilities of identifying and developing constructive roles in relation to other actors and institutions as well as the capacity to organise standardisation projects and to mobilise and make use of power resources such as symbolic capital and knowledge. In order to interpret characteristics and implications of standardisation strategies, I draw on the ecological modernisation perspective. Empirically, I refer to the role of Swedish environmental organisations in standardisation projects such as eco-labelling. (shrink)

In der 1970 gegründeten Reihe erscheinen Arbeiten, die philosophiehistorische Studien mit einem systematischen Ansatz oder systematische Studien mit philosophiehistorischen Rekonstruktionen verbinden. Neben deutschsprachigen werden auch englischsprachige Monographien veröffentlicht. Gründungsherausgeber sind: Erhard Scheibe, Günther Patzig und Wolfgang Wieland. Von 1990 bis 2007 wurde die Reihe von Jürgen Mittelstraß mitherausgegeben.

Thomas Reid is often misread as defending common sense, if at all, only by relying on illicit premises about God or our natural faculties. On these theological or reliabilist misreadings, Reid makes common sense assertions where he cannot give arguments. This paper attempts to untangle Reid's defense of common sense by distinguishing four arguments: (a) the argument from madness, (b) the argument from natural faculties, (c) the argument from impotence, and (d) the argument from practical commitment. Of these, (a) and (...) (c) do rely on problematic premises that are no more secure than claims of common sense itself. Yet (b) and (d) do not. This conclusion can be established directly by considering the arguments informally, but one might still worry that there is an implicit premise in them. In order to address this concern, I reconstruct the arguments in the framework of subjective Bayesianism. The worry becomes this: Do the arguments rely on specific values for the prior probability of some premises? Reid's appeals to our prior cognitive and practical commitments do not. Rather than relying on specific probability assignments, they draw on things that are part of the Bayesian framework itself, such as the nature of observation and the connection between belief and action. Contra the theological or reliabilist readings, the defense of common sense does not require indefensible premises. (shrink)

This work provides a game theoretical analysis of the classical idea of a social contract. According to what we might call the Hobbesian justification of the state, coercion is necessary in order to provide people with basic security and to enable them to successfully engage in mutually beneficial cooperation. The establishment and maintenance of a central coercive power, i.e. a state, can therefore be said to be in everyone's interest. The aim of this essay is to examine and evaluate these (...) claims. It is common to interpret the problem of cooperation in a Hobbesian state of nature as a Prisoner's Dilemma game. In this kind of game, each agent prefers that cooperation is brought about, but each also prefers not to cooperate herself, regardless of what others do. Most studies, however, have focused on the prospects for spontaneous cooperation in the 2-player PD. This work focuses instead on the generalized, n-player version of the same game. Invoking an evolutionary game theoretical model, it is argued that the prospects for spontaneous cooperation to emerge in an n-player PD are much worse than in the 2-player case. In order to analyze how the existence of sanctions might affect the prospects for cooperation, a model of a limited sanction system is developed. It is demonstrated that the game that emerges when an n-player PD is modified by a suitable system of sanctions is an n-player version of what Sen has called an Assurance game. It is also demonstrated that in this game, unlike the n-player PD, general cooperation is evolutionarily stable. It is also discussed whether the establishment and maintenance of such a sanction system does itself constitute an n-player PD. It is argued that it does not. (shrink)

One strategy for defenders of gene patenting is to adopt a constructivist interpretation of genetic testing to avoid the I argue that accepting this view (which seems to be the approach of the U.S. Office of Patents and Trademarks) results in an intolerable dilemma for physicians. They must either infringe patents or fail to act on all the medically relevant information they possess (malpractice).