This article argues that correctional institutions violate the Eighth Amendment when they refuse to establish MAT programs and prevent doctors from exercising medical judgment to properly treat incarcerated people with OUD.

Freedom of speech, press, assembly, and petition have long been celebrated as crucial to democratic government. United States Supreme Court decisions have, quite rightly, justified strong protection of these freedoms because of their crucial role in the functioning of American democracy.

Agricultural industries in developed countries may need to consider transformative change if they are to respond effectively to contemporary challenges, including a changing climate. In this paper we apply a resilience lens to analyze a deliberate attempt by Australian governments to restructure the dairy industry, and then utilize this analysis to assess the usefulness of resilience thinking for contemporary agricultural transformations. Our analysis draws on findings from a case study of market deregulation in the subtropical dairy industry. Semi-structured interviews were (...) conducted with dairy producers, their service providers, and industry and government staff. We found the adaptive cycle concept contributed to understanding how deregulation changed industry structures and working practices, how those changes led to feedbacks within the production system and supply chain, and how the industry following deregulation has experienced periods of stability and instability. Regime shifts were associated with an increase in demand for human capital, a degradation of cognitive social capital and a reduction in farm income. Findings identified that were not readily explained by the resilience thinking conceptual framework include a producer’s ability to anticipate and make choices and the change in social and power relationships in the industry. (shrink)

In an age characterised by an increasing integration of advanced technology into our everyday lives, posthumanism has developed into a major intellectual force. It affects research agendas, economic developments, social policies, philosophical theories, and ultimately the way we understand ourselves. This handbook provides a comprehensive overview of the various aspects of posthumanism and how they are represented, discussed and exemplified in the cultural medium of film and television. Understood broadly as any critical engagement with the possibility that the human condition (...) is no longer a given, that it is more fluid than we once thought, and that we are, or will soon be, free to remould our constitutive framework and value systems, posthumanism is the next step in critical engagement in the humanities. It reflects upon the malleability of the human condition and acknowledges the fact that we are no longer the beings we thought we were, and that perhaps we never were. (shrink)

RationaleSurrogates of critically ill patients often have inaccurate expectations about prognosis. Yet there is little research on how intensive care unit clinicians should discuss prognosis, and existing expert opinion-based recommendations give only general guidance that has not been validated with surrogate decision makers.ObjectiveTo determine the perspectives of key stakeholders regarding how prognostic information should be conveyed in critical illness.MethodsThis was a multicenter study at three academic medical centers in California, Pennsylvania, and Washington. One hundred eighteen key stakeholders completed in-depth semistructured (...) interviews. Participants included 47 surrogates of adult patients with acute respiratory distress syndrome; 45 clinicians working in study ICUs, including physicians, nurses, social workers, and spiritual care providers; and 26 experts in health communication, decision science, ethics, family-centered care, geriatrics, healthcare disparities, palliative care, psychology, psychiatry, and critical care.Measurements and main resultsThere was broad support among surrogates for existing expert recommendations, including truthful prognostic disclosure, emotional support, tailoring the disclosure strategy to each family's needs, and checking for understanding. In addition, stakeholders offered suggestions that add specificity to existing recommendations, including: In addition to conveying prognostic estimates, clinicians should help families "see the prognosis for themselves" by showing families radiographic images and explaining the clinical significance of physical manifestations of severe disease at the bedside. Many physicians did not support using numeric estimates to convey prognosis to families, whereas many surrogates, clinicians from other disciplines, and experts believed numbers could be helpful. Clinicians should conceptualize prognostic communication as an iterative process that begins with a preliminary mention of the possibility of death early in the ICU stay and becomes more detailed as the clinical situation develops. Although prognostic information should be initially disclosed by physicians, other members of the multidisciplinary team-nurses, social workers, and spiritual care providers-should be given explicit role responsibilities to reinforce physicians' prognostications and help families process a poor prognosis emotionally.ConclusionsFamily members, clinicians, and experts identified specific communication behaviors that clinicians should use to discuss prognosis in the critical care setting. These findings extend existing opinion-based recommendations and should guide interventions to improve communication about prognosis in ICUs. (shrink)

BackgroundThe biopharmaceutical industry operates at the intersection of life sciences, clinical research, clinical care, public health, and business, which presents distinct operational and ethical challenges. This setting merits focused bioethics consideration to complement legal compliance and business ethics efforts. However, bioethics as applied to a biopharmaceutical industry setting often is construed either too broadly or too narrowly with little examination of its proper scope.Main textAny institution with a scientific or healthcare mission should engage bioethics norms to navigate ethical issues that (...) arise from the conduct of biomedical research, delivery of clinical care, or implementation of public health programs. It is reasonable to assume that while bioethics norms must remain constant, their application will vary depending on the characteristics of a given setting. Context “specification” substantively refines ethics norms for a particular discipline or setting and is an expected, needed and progressive ethical activity. In order for this activity to be meaningful, the scope for bioethics application and the relevant contextual factors of the setting need to be delineated and appreciated. This paper defines biopharmaceutical bioethics as: the application of bioethics norms (concepts, principles, and rules) to the research, development, supply, commercialization, and clinical use of biopharmaceutical healthcare products. It provides commentary on this definition, and presents five contextual factors that need to be considered when applying bioethics norms to a biopharmaceutical industry setting: (1) dual missions; (2) timely and pragmatic guidance; (3) resource stewardship; (4) multiple stakeholders; and (5) operational complexity.ConclusionUnderstanding the scope of the biopharmaceutical enterprise and contextual factors of a biopharmaceutical industry setting is foundational for the application of bioethics norms. Establishing a common language and approach for biopharmaceutical bioethics will facilitate breadth and depth of discussion and subsequent implementation to benefit patients, the healthcare system and society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 13.1 (2003) 51-52 [Access article in PDF] Congress Considers Incentives for Organ Procurement Alexander S. Curtis [Tables]During the 108th Congressional session, several bills pertaining to ethical incentives for organ donation likely will be introduced. In some cases, they will be similar to bills before the 107th Congress (see Table 1). Bills in both the House of Representatives and the Senate address the establishment (...) and maintenance of donor registries, financial reimbursements for medical and nonmedical expenses incurred by qualifying donors, the presentation of commemorative medals, and tax credits.A bill entitled "Gift of Life Congressional Medal Act" (introduced last year by Senate majority leader Bill Frist (R-TN) as Senate Bill 325), and its corresponding bill of the same title (passed in the House of Representatives last year as H.R. 708), would establish a congressional commemorative medal honoring "any organ donor, or the family or family member of any organ donor." The medal is to be designed and struck with "suitable emblems, devices, and inscriptions" by the Secretary of the Treasury. The eligible donor or donor's family member would be presented with the medal by the Secretary of Health and Human Services. This bill would establish qualifying donations as those of human kidneys, livers, hearts, lungs, pancreases, or any other organ, but excludes corneas and eyes.Another bill, introduced by Representative Michael Bilirakis (R-FL) entitled "Organ Donation Improvement Act" (H.R. 624), would award grants or contracts to states, transplant centers, and qualified organ procurement organizations for the purpose of providing travel, subsistence, and incidental nonmedical expenses to individuals who make living donations. In order to receive reimbursement, the donating individuals must reside in states other than the states in which the intended recipients reside and the annual income of those receiving the organs cannot exceed $35,000. The bill also would appropriate $15,000,000 to make grants to states and public and nonprofit entities for the purpose of carrying out studies, public education demonstrations, and outreach activities "designed to increase the number of organ donors within the state." The bill would be effective from time of enactment through 2005. [End Page 51]Two other bills proposed within the House of Representatives in 2002 called for amendment to the Internal Revenue Code. The "Gift of Life Tax Credit Act (introduced as H.R. 1872 by Representative James Hansen (R-UT)) and the "Help Organ Procurement Expand Act" (introduced as H.R. 2090 by Representative Chris Smith (R-NJ)) present a refundable credit to individuals or to the estates of those who agree either to be living donors or to donate their organs upon death. The "Gift of Life Tax Credit Act" refunds $10,000 to the estates of eligible individuals "for the taxable year which includes the date of the individual's death." The "Help Organ Procurement Expand Act" offers a refund of $2,500 to qualified persons. Donations of kidneys, livers, pancreases, islet cells, lungs, and intestines are accepted, however several conditions restrict permissible donors. The "Gift of Life Tax Credit Act" requires that the legally competent individual's death not be due to a suicide and that the intention to donate was clearly declared. The "Help Organ Procurement Expand Act" prohibits donations from individuals who were killed with physician assistance, died as a result of a suicide, have been indicted or convicted of a felony or a misdemeanor offense, or are actively under criminal investigation for a possible felony offense. The "Help Organ Procurement Expand Act" also restricts procuring organs from unborn children or human fetuses and under circumstances in which the living donor would be subject to "unacceptable levels of medical risk of death or permanent debilitation." Alexander S. Curtis is a research assistant at the Kennedy Institute of Ethics, Georgetown University, Washington, DC. He received his bachelor's degree from Miami University.... (shrink)

This article examines Richard Rorty’s much criticized figure of the ironist, and the role that it plays in liberal society. It argues that, against Rorty’s own presentation, irony might have positive social consequences. It does so by examining Rorty’s description of the ironist, arguing that it contains different ideas which emerge at different points in Contingency, Irony, and Solidarity. It takes up William Curtis’ claim that irony is a civic virtue, one closely associated with liberal ideas such as tolerance (...) and pluralism. Curtis is insightful in identifying this aspect of irony, but I argue that it might also play a further role. The ironist is concerned with self-creation, something which Rorty takes to be a private activity, but I argue that the selves ironists create might potentially benefit liberal society, with the ironist’s redescriptions calling into question received wisdom and alerting us to unnoticed forms of cruelty. (shrink)

Science fiction has served the film industry like a dreamy stepchild. It gets only scant accolades from its master but must do heavy lifting: that is, make money. While science-fiction films often emphasize spectacle and action, they also inspire philosophical contemplation. Why? Science fiction, dating back to Shelley and Verne, came into existence speculating about humanity's social and physical worlds. Many books and articles over the past several years discuss the philosophical issues that films raise. One fairly new school of (...) thought, "posthumanism," explicitly deriving from postmodernism, with touches of critical theory, has seized on science-fiction movies as support for its theorizing. This volume and its 42 authors from film theory, science and technology studies, literary criticism, media studies, and philosophy, offer an array of posthumanist scholarship. (shrink)

Liberal democracy needs a clear-eyed, robust defense to deal with the increasingly complex challenges it faces in the twenty-first century. Unfortunately much of contemporary liberal theory has rejected this endeavor for fear of appearing culturally hegemonic. Instead, liberal theorists have sought to gut liberalism of its ethical substance in order to render it more tolerant of non-liberal ways of life. This theoretical effort is misguided, however, because successful liberal democracy is an ethically demanding political regime that requires its citizenry to (...) display certain virtues and habits of mind. Against the grain of contemporary theory, philosopher Richard Rorty blends American pragmatism and romanticism to produce a comprehensive vision of liberal modernity that features a virtue-based conception of liberal democracy. In doing so, Rorty defends his pragmatic liberalism against a host of notable interlocutors, including Charles Taylor, Nancy Fraser, Hilary Putnam, Richard J. Bernstein, and Jean Bethke Elshtain. (shrink)

1. This book is a fascinating look at how early cinema and moving images inspired and were inspired by other more static forms of visual culture, such as painting, photography, and tableaux vivants. The contributors to this volume demonstrate how cinema responded to and was positioned within broader artistic and cultural frameworks. 2. This book is another strong contribution to the Proceedings of Domitor series, of which we are now the sole publishers. 3. It will benefit from our well established (...) reputation in early cinema studies. (shrink)

A number of studies have tested the relationship between a corporation's social and ethical performance and its financial performance. In contrast, this is the first study to demonstrate a link between overall financial performance and an emphasis on ethics as an aspect of corporate governance. It identifies the 26.8 percent of the 500 largest U.S. public corporations that, in their annual report to shareholders, commit to ethical behavior toward their stakeholders or emphasize compliance with their code of conduct. The financial (...) performance of these corporations ranks higher than that of those who do not at a significance level of p = < 0.005, using the 1997 Business Week ranking which averages eight publicly-reported measures of historical financial performance. These findings should motivate more corporations to utilize the principles of Social and Ethical Accounting, Auditing and Reporting (SEAAR). (shrink)

Most scholars think of David Hilbert's program as the most demanding and ideologically motivated attempt to provide a foundation for mathematics, and because they see technical obstacles in the way of realizing the program's goals, they regard it as a failure. Against this view, Curtis Franks argues that Hilbert's deepest and most central insight was that mathematical techniques and practices do not need grounding in any philosophical principles. He weaves together an original historical account, philosophical analysis, and his own (...) development of the meta-mathematics of weak systems of arithmetic to show that the true philosophical significance of Hilbert's program is that it makes the autonomy of mathematics evident. The result is a vision of the early history of modern logic that highlights the rich interaction between its conceptual problems and technical development. (shrink)

Called the “greatest philosophical essayist of his time,” Rorty is both famous and notorious in academic philosophy for his uniquely engaging writing style. While his fellow analytic philosophers look askance at his flamboyant prose, suspicious that it lacks the care and precision that their discipline demands, literary intellectuals who champion the essay genre can have their qualms about Rorty as well: his work is too professional and specialized to be properly called essays. I argue not only that Rorty's work fits (...) into the essay genre, but also that his use of the essay form is integral to his rhetorical project of advancing his ideal of pragmatic liberalism. Rorty writes essays because the essay is a pragmatic literary genre: it is anti‐essentialist, conversational, and experimentalist and provocatively aims at “breaking the crust of convention,” in Dewey's phrase. Using the essay, Rorty “joshes” us to becoming more pragmatic and, therefore, better liberals. (shrink)

Human interaction and communication involve space in multiple ways. This paper examines the spatial and interactional order of a covertly video-taped police interrogation. When the participants enter the interrogation room and become engaged in the interrogation process, the room itself is a constraint and a resource for interaction. While interacting within a built environment, the participants appropriate their material surroundings in ways that constitute a spatial order and make possible certain arguments. This paper examines how the physical structure of the (...) interrogation room is differentially appropriated, used, and filled in by the participants''; territorial and postural manoeuvers over the course of their interaction; and how the spatial structures thus created by the bodily appropriation of the physical locale are subsequently formulated by talk and thereby used as a metaphorical resource to frame the participants'' situated experience. Through this embedded process, the interrogators move the suspect toward confession. (shrink)

Attempts to articulate the real meaning or ultimate significance of a famous theorem comprise a major vein of philosophical writing about mathematics. The subfield of mathematical logic has supplie...

Narrow mental content is a kind of mental content that does not depend on an individual's environment. Narrow content contrasts with “broad” or “wide” content, which depends on features of the individual's environment as well as on features of the individual. It is controversial whether there is any such thing as narrow content. Assuming that there is, it is also controversial what sort of content it is, what its relation to ordinary or “broad” content is, and how it is determined (...) by the individual's intrinsic properties. (shrink)

Heidegger and East-Asian thought have traditionally been strongly correlated. However, although still largely unrecognized, significant differences between the political and metaphysical stance of Heidegger and his perceived counterparts in East-Asia most certainly exist. One of the most dramatic discontinuities between East-Asian thought and Heidegger is revealed through an investigation of Kitarō Nishida’s own vigorous criticism of Heidegger. Ironically, more than one study of Heidegger and East-Asian thought has submitted that Nishida is that representative of East-Asian thought whose philosophy most closely (...) resembles Heideggerian thought. In words that then and now resound discordantly within the enshrined, established view of Heidegger’s relationship to East-Asian thought, Nishida stated uninhibitedly his own view of Heidegger in the noteworthy statement: “Heidegger is not worth your time… He…does not recognize that which is indispensible and decisive, namely, God.” This present study lays out for the first time in English, the significant differences between the metaphysical and political stances of Nishida and Heidegger, Nishida’s own critique of Heidegger, and Heidegger’s own rather dismal assessment of non-Western philosophy, all of which demonstrate a remarkable, hitherto unrecognized discontinuity between Heidegger and East-Asian thought. (shrink)