ABSTRACT The article examines Old English claims to catholic ‘liberty of conscience’ and the way in which this engendered a discussion of English liberties in Ireland. Old English representatives sought to ground their claims to ‘liberty of conscience’ in established practice, custom and law. Their claims to ‘liberty of conscience’ also brought into play the vocabulary of corporate and parliamentary liberty. In response, New English protestants turned to ideas of duty and citizenship, which were equally embedded in conceptions of English (...) liberties. They argued that a catholic ‘conscience’ sat in opposition to ideas of duty to the king and the commonwealth. In doing so, the New English questioned both the basis and extent of the liberties possessed by the Old English. Such an exchange, this article argues, is illustrative of the way in which an English pairing of liberties, with ideas of duty and active citizenship, opened up an area of dispute involving a shared set of political concepts and vocabulary. (shrink)

Deep-seated intellectual problems lie at the root of explaining religious change in the sixteenth century. The idea of reformatio denoted a return to an original, pristine order. It was about recov...

THIS PAPER CONCERNS A CONTROVERSY about priorities between J. D. Forbes, Professor of Natural Philosophy at the University of Edinburgh, and the noted Swiss scientist Louis Agassiz, later to be a distinguished teacher at Harvard. Its origins lie in the visit which Forbes made at Agassiz' invitation to the Unteraar glacier in Switzerland, in the summer of 1841, during which a major topic of interest was their observations of the bandes bleues, markings in the ice previously little discussed. Both men, (...) in independent later publications, were to establish the importance of the bandes in the theory of glacial ice and its movement. The question of credit for the discovery, and priority in its publication, was unclear at the time and has remained so despite bitter debate. Examination of surviving papers in Great Britain and in Switzerland suggests that previous discussions have not closed the question,' and our purpose is to review the evidence and if possible to clarify the issue. (shrink)

This provocative, engaging and important book marks the fiftieth anniversary of the publication of Peter Winch's seminal The Idea of a Social Science. The authors – the first two philosophers, the third a sociologist – have worked together in various permutations before. No-one familiar with their previous publications will be surprised that the dominant voice throughout is Wittgenstein's – that is, Wittgenstein as read ‘resolutely’ by ‘new Wittgensteinians’. They have three principal aims: first, to read Winch's own work in an (...) equally ‘resolute’ way; hence to read ISS as prophylactic and therapeutic in intention, and not as heralding a wonderful or not-so-wonderful new social theory; secondly, to defend Winch against certain persistent charges; and thirdly, to persuade social theorists and philosophers of ‘social science’ that Winch's therapeutic lessons have not yet been assimilated, with the possible exception of a handful of ethnographers and ethnomethodologists.Following a substantial introductory section, Chapters 1 and 2 – respectively, entitled ‘Beyond pluralism, monism, relativism, realism etc.: reassessing Peter Winch’ and ‘Winch and linguistic idealism’ – argue that Winch cannot be seen as an advocate of linguistic idealism or “any of the other ‘isms’ that have been reactively bandied about …. (shrink)

In The Religion of Socrates, Mark McPherran offers an extended discussion of selected evidence about Socrates’s philosophy of religion. Relevant passages from Plato’s Euthyphro and Apology are taken to be authentic reports of Socrates’s own thinking, and are commented on at considerable length. The interpretation that emerges is supplemented by evidence from other works by Plato and from Xenophon’s Memorabilia. The ten-page bibliography is useful, and the index of passages is especially valuable. But McPherran’s evidence is tendentiously selected, and (...) so his depiction cannot be trusted as a portrayal of Socrates himself. (shrink)

In The Religion of Socrates, Mark McPherran offers an extended discussion of selected evidence about Socrates’s philosophy of religion. Relevant passages from Plato’s Euthyphro and Apology are taken to be authentic reports of Socrates’s own thinking, and are commented on at considerable length. The interpretation that emerges is supplemented by evidence from other works by Plato and from Xenophon’s Memorabilia. The ten-page bibliography is useful, and the index of passages is especially valuable. But McPherran’s evidence is tendentiously selected, and (...) so his depiction cannot be trusted as a portrayal of Socrates himself. (shrink)

As their title suggests, "legal philosophers" are more philosophers than lawyers; they are in the business of thinking generally about law rather than doing law in any practical way. While lawyers tend to be jurisdiction-specific in their affiliations and competence, legal philosophers are under no such restriction. At their most ambitious, legal philosophers claim dominion over a jurisprudential realm that is delineated by neither geography nor history. Indeed, presenting themselves as intellectual citizens of the whole legal world, their crafted contributions (...) are not intended to be judged by the contingent standards of local usefulness, but by the pure canons of universal validity. As such, the professional commitment and authority of legal philosophers is based upon their capacity to deal with parochial matters of law, but in a way that rises above and is not reducible to their local circumstances. Accordingly, while these legal philosophers might talk about morality and politics as they relate to law, they do so only in the most theoretical and abstract terms. For them, philosophy inhabits the realm of "truth and necessity" in which the contingent and the local holds little or no analytical sway. The contemporary champion of legal philosophy is undoubtedly Joseph Raz. His extensive and sophisticated work represents the high-water mark of analytical jurisprudence. With the recent publication of Between Authority and Interpretation, he has provided an accessible and stylish showcase of his philosophical theory of law that is as rigorous and demanding as it is provocative and controversial. Because this book builds on as it clarifies and develops the main themes of his work over the past four decades, it offers itself as a convenient focus for a more general assessment of Raz's whole oeuvre. In traversing law's terrain, he is adamant that, whatever the purposes and methods of other disciplines (e.g., sociology, history, anthropology, etc.), any philosophical analysis worth its name must concern itself with delivering insights and understanding about law that are of universal significance. While general conclusions about local laws and systems are important and helpful, they will have no philosophical value unless they can say something general and enduring about law as an institutional phenomenon. A corollary of this is that legal philosophy must insulate itself from contingent moral and political influences that will compromise or contaminate its project of making statements about law?s nature and operation that are not only universally valid, but also locally accurate. In this essay I challenge Raz's philosophical ambitions - and, therefore, much contemporary work in legal philosophy - by concentrating on his crucial methodological distinction between the local and contingent and the universal and necessary. It is my contention that, as there are no places where "moral and political desirability" do not play a role, "necessity" has no reign. Accordingly, I argue that legal philosophy cannot live up to its own methodological expectations and standards of validation. For all its impressive erudition and sophistication, therefore, Raz?s work is a manifesto of "local enthusiasms" that, while instructive and useful in themselves, can lay no claim to reveal the necessary features of law's existence. His work comprises some very contingent and localised generalisations that no amount of philosophical razzle-dazzle can elevate to universal and global truths about law. Blinded by the philosophical light, there is more formal brilliance than substantive bottom-line to Raz's jurisprudence. (shrink)

Mobile devices with health apps, direct-to-consumer genetic testing, crowd-sourced information, and other data sources have enabled research by new classes of researchers. Independent researchers, citizen scientists, patient-directed researchers, self-experimenters, and others are not covered by federal research regulations because they are not recipients of federal financial assistance or conducting research in anticipation of a submission to the FDA for approval of a new drug or medical device. This article addresses the difficult policy challenge of promoting the welfare and interests of (...) research participants, as well as the public, in the absence of regulatory requirements and without discouraging independent, innovative scientific inquiry. The article recommends a series of measures, including education, consultation, transparency, self-governance, and regulation to strike the appropriate balance. (shrink)

Prompted by the development of the Theory of Challenge and Threat States in Athletes (Jones et al, 2009), recent years has witnessed a considerable increase in research examining challenge and threat in sport. This manuscript provides a critical review of the literature examining challenge and threat in sport, tracing its historical development and some of the current empirical ambiguities. In an attempt to reconcile some of these ambiguities, and utilising neurobiological evidence associated with approach- and avoidance-motivation (cf. Elliot & Covington, (...) 2001), this paper draws upon the Evaluative Space Model (ESM: Cacioppo et al., 1997) and considers the implications for understanding challenge and threat in sport. For example, rather than see challenge and threat as opposite ends of a single bipolar continuum, the ESM implies that individuals could be (1) challenged, (2) threatened, (3) challenged and threatened, or (4) neither challenged or threatened by a particular stimulus. From this perspective it could be argued that the appraisal of some sport situations as both challenging and threatening could be advantageous, whereas the current literature seems to imply that the appraisal of stress as a threat is maladaptive for performance. In drawing upon the ESM, we outline the Evaluative Space Approach to Challenge and Threat and provide several testable hypotheses for advancing understanding of challenge and threat (in sport). We also outline a number of cardiovascular and experiential measures that can be used to examine these hypotheses. In sum, this paper provides a significant theoretical, empirical and practical contribution to our understanding of challenge and threat (in sport). (shrink)

Huston Smith has argued that the universal source of wholeness, which he refers to as the primordial tradition, is essential to a meaningful life. Indeed embracing this tradition is, said Smith, an act of rejoining the human race. Our current forms of organized religion offer us ritualized expressions of this tradition, yet often fail to provide us with transpersonal growth; it is this transpersonal growth that reconnects us with the source of religion. This essay differentiates mainstream religion from a way (...) that we can begin to construct a physical theory of the primordial tradition–a necessary first step toward reclaiming the source of religion. (shrink)

This article is an extended commentary inspired by Alan Drengson's paper “Shifting Paradigms: From Technocrat to Planetary Person” (Drengson 2011). In this article Susan Greenwood and I echo Drengson's criticism that Euro-American science is incomplete, having committed what Thomas Roberts calls “The Singlestate Fallacy: the erroneous assumption that all worthwhile abilities reside in our normal, awake mindbody state” (Roberts 2006:105). This singlestate fallacy is vividly portrayed in Mary Shelley's novel Frankenstein, whose critique of Euro-American science is revisited in this article. (...) Alternatively, Greenwood and I suggest that what is needed is a multimodel framework “that allows for in-depth analysis of the different modes of consciousness.” Roberts refers to this alternative attitude toward science as the Multistate Paradigm. An awareness of the transformational character of shamanism is also explored in this article as a means to overcome the oppositions between the technocratic and person planetary perspective, and their related gender associations. (shrink)

Therehasbeenevidencefortheverybrief,temporalquantizationofperceptualexperienceatregularintervalsbelo w100msforseveraldecades.Webrieflydescribehowearlierstudiesledtotheconceptof“psychologicalmoment”ofbe tween50and60msduration.Accordingtohistoricaltheories,withinthepsychologicalmomentalleventswouldbepro cessedasco-temporal.Morerecently,alinkwithphysiologicalmechanismshasbeenproposed,accordingtowhichthe 50–60mspsychologicalmomentwouldbedefinedbytheupperlimitrequiredbyneuralmechanismstosynchronizeandthe rebyrepresentasnapshotofcurrentperceptualeventstructure.However,ourownexperimentaldevelopmentsalsoid entifyamorefine-scaled,serializedprocessstructurewithinthepsychologicalmoment.Ourdatasuggeststhatnot alleventsareprocessedasco-temporalwithinthepsychologicalmomentandinstead,someareprocessedsuccessivel y.Thisevidencequestionstheanalogrelationshipbetweensynchronizedprocessandsimultaneousexperienceandop ensdebateontheontologyandfunctionof“moments”inpsychologicalexperience.

Huston Smith has argued that the universal source of wholeness, which he refers to as the primordial tradition, is essential to a meaningful life. Indeed embracing this tradition is, said Smith, an act of rejoining the human race. Our current forms of organized religion offer us ritualized expressions of this tradition, yet often fail to provide us with transpersonal growth; it is this transpersonal growth that reconnects us with the source of religion. This essay differentiates mainstream religion from a way (...) that we can begin to construct a physical theory of the primordial tradition–a necessary first step toward reclaiming the source of religion. (shrink)

The shift to longitudinal, comprehensive electronic health records means that any health care provider or third-party user of the EHR will be able to access much health information of questionable clinical utility and possibly of great sensitivity. Genetic test results, reproductive health, mental health, substance abuse, and domestic violence are examples of sensitive information that many patients would not want routinely available. The likely policy response is to give patients the ability to segment information in their EHRs and to sequester (...) certain types of sensitive information, thereby limiting routine access to the totality of a patient's health record. This article explores the likely effect on the physician-patient relationship of patient-directed sequestration of sensitive health information, including the ethical and legal consequences. (shrink)

For more than a quarter of a century, Hubert L. Dreyfus has been the leading voice in American philosophy for the continuing relevance of phenomenology, particularly as developed by Edmund Husserl, Martin Heidegger, and Maurice Merleau-Ponty. Dreyfus has influenced a generation of students and a wide range of colleagues, and these volumes are an excellent representation of the extent and depth of that influence.In keeping with Dreyfus's openness to others' ideas, many of the essays in this volume take the form (...) of arguments with various of his positions. The essays focus on the dialogue with the continental philosophical tradition, in particular the work of Heidegger, that has played a foundational role in Dreyfus's thinking. The sections are Philosophy and Authenticity; Modernity, Self, and the World; and Heideggerian Encounters. The book concludes with Dreyfus's responses to the essays.Contributors : William D. Blattner, Taylor Carman, David R. Cerbone, Dagfinn Føllesdal, Charles Guignon, Michel Haar, Beatrice Han, Alastair Hannay, John Haugeland, Randall Havas, Jeff Malpas, Mark Okrent, Richard Rorty, Julian Young, Michael E. Zimmerman. (shrink)

This book includes ten essays that trace the notion of unconcealment as it develops from Heidegger's early writings to his later work, shaping his philosophy of truth, language and history. 'Unconcealment' is the idea that what entities are depends on the conditions that allow them to manifest themselves. This concept, central to Heidegger's work, also applies to worlds in a dual sense: first, a condition of entities manifesting themselves is the existence of a world; and second, worlds themselves are disclosed. (...) The unconcealment or disclosure of a world is the most important historical event, and Heidegger believes there have been a number of quite distinct worlds that have emerged and disappeared in history. Heidegger's thought as a whole can profitably be seen as working out the implications of the original understanding of unconcealment. (shrink)

Aristotle sometimes claims that the perception of special perceptibles by their proper sense is unerring. This claim is striking, since it might seem that we quite often misperceive things like colours, sounds and smells. Aristotle also claims that the perception of common perceptibles is more prone to error than the perception of special perceptibles. This is puzzling in its own right, and also places constraints on the interpretation of. I argue that reading Alexander of Aphrodisias on perceptual error can help (...) to make good sense of both of Aristotle’s claims. (shrink)

Public health is a dynamic field. Outbreaks of new diseases, as well as changing patterns of population growth, economic development, and lifestyle trends all may threaten public health and thus demand a public health response. As the practice of public health evolves, there is an ongoing need to reassess its scientific, ethical, legal, and social underpinnings. Such a reappraisal must consider the disagreement among public health officials, public health scholars, elected officials, and the public about the proper role of public (...) health and the distinctions, for example, between public health and clinical care, and public health and health promotion.In this article I will attempt to characterize the main points of contention as well as offer my own views regarding the proper scope of public health. Greater clarity and consensus on the meaning of public health are likely to lead to more efficient and effective public health interventions as well as increased public and political support for public health activities. (shrink)

Public health is a dynamic field. Outbreaks of new diseases, as well as changing patterns of population growth, economic development, and lifestyle trends all may threaten public health and thus demand a public health response. As the practice of public health evolves, there is an ongoing need to reassess its scientific, ethical, legal, and social underpinnings. Such a reappraisal must consider the disagreement among public health officials, public health scholars, elected officials, and the public about the proper role of public (...) health and the distinctions, for example, between public health and clinical care, and public health and health promotion.In this article I will attempt to characterize the main points of contention as well as offer my own views regarding the proper scope of public health. Greater clarity and consensus on the meaning of public health are likely to lead to more efficient and effective public health interventions as well as increased public and political support for public health activities. (shrink)

How should we understand religion, and what place should it hold, in an age in which metaphysics has come into disrepute? The metaphysical assumptions which supported traditional theologies are no longer widely accepted, but it is not clear how this 'end of metaphysics' should be understood, nor what implications it ought to have for our understanding of religion. At the same time there is renewed interest in the sacred and the divine in disciplines as varied as philosophy, psychology, literature, history, (...) anthropology, and cultural studies. In this volume, leading philosophers in the United States and Europe address the decline of metaphysics and the space which this decline has opened for non-theological understandings of religion. The contributors include Richard Rorty, Charles Taylor, Jean-Luc Marion, Gianni Vattimo, Hubert Dreyfus, Robert Pippin, John Caputo, Adriaan Peperzak, Leora Batnitzky, and Mark Wrathall. (shrink)

For nearly twenty-five years, federal regulation of privacy issues in research involving human subjects was the primary province of the federal rule for Protection of Human Subjects. As of April 14, 2003, the compliance date for the Privacy Rule of the Health Insurance Portability and Accountability Act, however, the Common Rule and the Privacy Rule jointly regulate research privacy. Although, in theory, the Privacy Rule is intended to complement the Common Rule, there are several areas in which the rules diverge. (...) In some instances the inconsistencies result in gaps in privacy protection; in other instances the inconsistencies result in added burdens on researchers without additional privacy protections. In all instances, the lack of harmonization of these rules has created confusion, frustration, and misunderstanding by researchers, research subjects, and institutional review boards. In this article, I review the major provisions of the Privacy Rule for research, explain the areas in which the Privacy Rule and Common Rule differ, and conclude that the two rules should be revised to promote consistency and maximize privacy protections while minimizing the burdens on research. (shrink)

For fifty years Hubert Dreyfus has done pioneering work which brings phenomenology and existentialism to bear on the philosophical and scientific study of the mind. This is a selection of his most influential essays, developing his critique of the representational model of the mind in analytical philosophy of mind and mainstream cognitive science.

Each year individuals are required to execute millions of authorizations for the release of their health records as a condition of employment, applying for various types of insurance, and submitting claims for benefits. Generally, there are no restrictions on the scope of information released pursuant to these compelled authorizations, and the development of a nationwide system of interoperable electronic health records will increase the amount of health information released. After quantifying the extent of these disclosures, this article discusses why it (...) is important to limit disclosures of health information for nonmedical purposes as well as how it may be possible to do so. (shrink)

Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine, 501 East Broadway # 310, Louisville, Kentucky 40202, USA. Tel.: 502 852 4980; Fax: 502 852 4963; Email: mark.rothstein{at}louisville.edu ' + u + '@' + d + ' '//--> Abstract In his article in this issue, Daniel Goldberg advocates a broad definition of public health and expressly rejects the narrow definition of public health I proposed in (...) a 2002 article. Goldberg asserts that public health should include all of the root causes of ill health in populations. Such a definition, however, would include within public health war, famine, crime, illiteracy and numerous other conditions on which public health professionals and agencies lack the resources, expertise and public support to act. The appropriate definition explicitly recognizes that public health is a legal term of art referring to specifically authorized activities by public officials to protect, promote and improve population health. CiteULike Connotea Del.icio.us What's this? (shrink)

It was a happy surprise when, overcoming partisan divisions and interest‐group lobbying, Congress enacted the No Surprises Act, which bans unfair out‐of‐network “balance billing.” Although this is only a modest legislative victory, key efforts by the health policy community made a real difference in a time of legislative gridlock.

On September 8, 2015, the Department of Health and Human Services issued a Notice of Proposed Rule Making to revise the Federal Policy for the Protection of Human Subjects, widely known as the “Common Rule.” The NPRM proposes several changes to the current system, including a dramatic shift in the approach to secondary research using biospecimens and data. Under the current rules, it is relatively easy to use biospecimens and data for secondary research. This approach systematically facilitates secondary research with (...) biospecimens and data, maximizing the capacity for substantial public benefit. However, it has been criticized as insufficiently protective of the privacy and autonomy interests of biospecimen and data sources. Thus, the NPRM proposes a more restrictive regime, although more so for biospecimens than data. Both the status quo and the NPRM's proposal are critically flawed. (shrink)

In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology and the growing concerns about an absence of effective federal privacy laws, the legal (...) focus has shifted to the states. Signaling a new direction in state data privacy and consumer protection law, the California Consumer Privacy Act establishes important rights and protections for California residents with regard to the collection, use, disclosure, and sale of their personal information. The CCPA is certain to spur similar legislation and to affect national and international businesses that collect data from California's residents. Understanding the new law is important for all data‐driven industries, including health care. (shrink)

New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an individual's genetic risk for Alzheimer's disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic (...) risk assessments. Only California law explicitly applies to this situation and there have been no reported cases. (shrink)

This book explores the making of health care rationing decisions through the analysis of three alternative decision makers: patients paying out of pocket; officials setting limits on treatments and coverage; and physicians at the bedside. Hall develops this analysis along three dimensions: political economics, ethics, and law. The economic dimension addresses the practical feasibility of each method. The ethical dimension discusses the moral aspects of these methods, while the legal dimension traces the most recent developments in jurisprudence and health law.

S. Kierkegaard argued that our highest task as humans is to realize an “intensified” or “developed” form of subjectivity—his name for self-responsible agency. A self-responsible agent is not only responsible for her actions. She also bears responsibility for the individual that she is. In this paper, I review Kierkegaard’s account of the role that our capacity for reflective self-evaluation plays in making us responsible for ourselves. It is in the exercise of this capacity that we can go from being subjective (...) in a degraded sense—merely being an idiosyncratic jumble of accidental and arbitrary attitudes and affects—to being a subject in the ideal or eminent sense. The latter requires the exercise of my capacity for reflective self-evaluation, since it involves recognizing, identifying with, and reinforcing those aspects of my overall make-up that allow me to express successfully a coherent way of being in the world. Kierkegaard argues that taking immortality seriously is one way to achieve the right kind of reflective stance on one’s own character or personality. Thus, Kierkegaard argues that immortality as a theoretical posit can contribute to one’s effort to own or assume responsibility for being the person one is. (shrink)

: Can passing antidiscrimination laws ever be a bad idea? Yes, if broad policy reform is abandoned in favor of genetic-specific legislation. But in spite of its serious flaws, both in concept and in practice, genetic-specific legislation is sometimes worth passing anyway—sometimes a bad idea is reasonable.

In the post-genome world of biomedical research, an increasingly common research strategy is to focus on large repositories of biological specimens. There are now several well-known efforts to compile vast collections of biological materials, reanalyze extant samples, collect new ones, and link the samples to medical records. The significant issues of law, ethics, and policy raised by these research activities usually are heightened when commercial enterprises play a leading role in accumulating and distributing the samples. Emerging companies are not only (...) compiling repositories for their own use, but some companies are positioning themselves to act as intermediaries, developing vast biobanks for sale to a wide range of other researchers. (shrink)

National decline is typically blamed on special interests from the demand side of politics corrupting a country's institutions. The usual demand-side suspects include crony capitalists, consumer activists, economic elites, and labor unions. Less attention is given to government insiders on the supply side of politics - rulers, elected officials, bureaucrats, and public employees. In autocracies and democracies, government insiders have the motive, means, and opportunity to co-opt political power for their benefit and at the expense of national well-being. Many storied (...) empires have succumbed to such inside jobs. Today, they imperil countries as different as China and the United States. Democracy - government by the people - does not ensure government for the people. Understanding how government insiders use their power to subvert the public interest - and how these negative consequences can be mitigated - is the topic of this book by Mark A. Zupan. (shrink)

Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. _Transforming Free Speech_ challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he (...) exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr., the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, _Transforming Free Speech_ will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States. (shrink)

The 2009 pandemic of influenza A (H1N1) was relatively mild, but a subsequent outbreak of pandemic influenza could be much worse. According to projections from the Department of Health and Human Services, the potential health consequences of a severe (1918-like) influenza pandemic in the United States could be literally overwhelming: up to 1.9 million deaths; 90 million people sick; 45 million people needing outpatient care; 9.9 million people hospitalized, of whom 1.485 million would need treatment in an intensive care unit (...) (ICU); and 742,500 patients needing mechanical ventilators. Even a less cataclysmic, moderate pandemic (like 1958 or 1968) would result in 209,000 deaths; 90 million people sick; 45 million people needing outpatient care; 865,000 people hospitalized, of whom 128,750 would need treatment in an ICU; and 64,875 patients needing mechanical ventilators. (shrink)

Numerous state laws and the federal Genetic Information Nondiscrimination Act (GINA) have been enacted to prevent or redress genetic discrimination in employment and health insurance, but laws protecting against genetic discrimination in life insurance have been less common and weak. Consequently, some individuals with a genetic risk of a serious illness have declined presymptomatic genetic testing, thereby decreasing their prevention and treatment options and increasing their mortality risk. In 2020, Florida became the first state to prohibit life insurance companies from (...) using the results of presymptomatic genetic tests in underwriting. Although the law was “only” intended to prevent genetic discrimination, a possible or even likely consequence of the law will be to encourage timely genetic testing by at‐rick individuals and thereby save lives. (shrink)

Stephens and Feezell argue, in?The Ideal of the Stoic Sportsman?, that?one need not be a scholar of ancient Greek philosophy to refer to?stoic? conduct or a?stoic? approach to certain matters, because the vocabulary related to this apparently antiquarian view of life has seeped into our common language?. Nonetheless, Stephens and Feezell go on to give a scholarly account of Stoicism as it relates to athletic participation. Their account, in part, takes the form of a distinction between?simple Stoicism? and?sophisticated Stoicism?? the (...) former being a common, contemporary grasp of Stoic moral psychology; the latter being a more sophisticated and historically accurate grasp of Stoic moral psychology. In fleshing out their more sophisticated account, they disclose a paradox. Given the Stoic sufficiency thesis? i.e., that the sole good is virtue? the Stoic sportsman must be indifferent to failure or winning. Yet the Stoic sportsman must be sufficiently attached to the athletic experience to use it as a means of developing virtuous states of character. That they dub the paradox the?paradox of Stoic detachment?.?Curiosity? Paradox? Or psychological incoherence?? they ask. The aim of the present undertaking is a?soft? critique of Stephens and Feezell? soft, because the critique is not so much a critical rejection of the authors' view tout court. Instead, I aim to point out deficiencies with their account and expand on other points not fully elucidated in it. The most salient point I make is that what they deem paradoxical is not really paradoxical, once there is a more thorough account and clearer grasp of Stoic?detachment? (shrink)