Context Opioid treatment agreements (OTAs) are documents that clinicians present to patients when prescribing opioids that describe the risks of opioids and specify requirements that patients must meet to receive their medication. Notwithstanding a lack of evidence that OTAs effectively mitigate opioids’ risks, professional organizations recommend that they be implemented, and jurisdictions increasingly require them. We sought to identify the jurisdictions that require OTAs, how OTAs might affect the outcomes of lawsuits that arise when things go wrong, and instances in (...) which the law permits flexibility for clinicians and health care institutions to adopt best practices. -/- Methods We surveyed the laws and regulations of all 50 states and the District of Columbia to identify which jurisdictions require the use of OTAs, the circumstances in which OTA use is mandatory, and the terms OTAs must include (if any). We also surveyed criminal and civil judicial decisions in which OTAs were discussed as evidence on which a court relied to make its decision to determine how OTA use influences litigation outcomes. -/- Findings Results show that a slight majority (27) of jurisdictions now require OTAs. With one exception, the jurisdictions’ requirements for OTA use are triggered at least in part by long-term prescribing. There is otherwise substantial variation and flexibility within OTA requirements. Results also show that even in jurisdictions where OTA use is not required by statute or regulation, OTA use can inform courts’ reasoning in lawsuits involving patients or clinicians. Sometimes, but not always, OTA use legally protects clinicians from liability. -/- Conclusions -/- Our results show that OTA use is entwined with legal obligations in various ways. Clinicians and health care institutions should identify ways for OTAs to enhance clinician–patient relationships and patient care within the bounds of relevant legal requirements and risks. (shrink)

BACKGROUND Patients with chronic pain face significant barriers in finding clinicians to manage long-term opioid therapy (LTOT). For patients on LTOT, it is increasingly common to have them sign opioid treatment agreements (OTAs). OTAs enumerate the risks of opioids, as informed consent documents would, but also the requirements that patients must meet to receive LTOT. While there has been an ongoing scholarly discussion about the practical and ethical implications of OTA use in the abstract, little is known about how clinicians (...) use them and if OTAs themselves modify clinician prescribing practices. OBJECTIVE To determine how clinicians use OTAs and the potential impacts of OTAs on opioid prescribing. DESIGN We conducted qualitative analysis of four focus groups of clinicians from a large Midwestern academic medical center. Groups were organized according to self-identified prescribing patterns: two groups for clinicians who identified as prescribers of LTOT, and two who did not. PARTICIPANTS 17 clinicians from General Internal Medicine, Family Medicine, and Palliative Care were recruited using purposive, convenience sampling. APPROACH Discussions were recorded, transcribed, and analyzed for themes using reflexive thematic analysis by a multidisciplinary team. KEY RESULTS Our analysis identified three main themes: (1) OTAs did not influence clinicians’ decisions whether to use LTOT generally but did shape clinical decision-making for individual patients; (2) clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; (3) there is a potential misalignment between the intended purposes of OTAs and their implementation. CONCLUSION This study reveals a complicated relationship between OTAs and access to pain management. While OTAs seem not to impact the clinicians’ decisions about whether to use LTOT generally, they do sometimes influence prescribing decisions for individual patients. Clinicians shared complex views about OTAs’ purposes, which shows the need for more clarity about how OTAs could be used to promote shared decision-making, joint accountability, informed consent, and patient education. (shrink)

Nelkin presents a simple and natural account of freedom and moral responsibility which responds to the great variety of challenges to the idea that we are free and responsible, before ultimately reaffirming our conception of ourselves as agents. Making Sense of Freedom and Responsibility begins with a defense of the rational abilities view, according to which one is responsible for an action if and only if one acts with the ability to recognize and act for good reasons. The view is (...) compatibilist -- that is, on the view defended, responsibility is compatible with determinism -- and one of its striking features is a certain asymmetry: it requires the ability to do otherwise for responsibility when actions are praiseworthy, but not when they are blameworthy. In defending and elaborating the view, Nelkin questions long-held assumptions such as those concerning the relation between fairness and blame and the nature of so-called reactive attitudes such as resentment and forgiveness. Her argument not only fits with a metaphysical picture of causation -- agent-causation -- often assumed to be available only to incompatibilist accounts, but receives positive support from the intuitively appealing Ought Implies Can Principle, and establishes a new interpretation of freedom and moral responsibility that dovetails with a compelling account of our inescapable commitments as rational agents. (shrink)

In “The Bioethics of Environmental Injustice: Ethical, Legal, and Clinical Implications of Unhealthy Environments,” Ray and Cooper (2024) initiate needed discourse on environmental justice and the...

In everyday life, we assume that there are degrees of blameworthiness and praiseworthiness. Yet the debate about the nature of moral responsibility often focuses on the “yes or no” question of whether indeterminism is required for moral responsibility, while questions about what accounts for more or less blameworthiness or praiseworthiness are underexplored. In this paper, I defend the idea that degrees of blameworthiness and praiseworthiness can depend in part on degrees of difficulty and degrees of sacrifice required for performing the (...) action in question. Then I turn to the question of how existing accounts of the nature of moral responsibility might be seen to accommodate these facts. In each case of prominent compatibilist and incompatibilist accounts that I consider, I argue that supplementation with added dimensions is required in order to account for facts about degrees of blameworthiness and praiseworthiness. For example, I argue that the reasons-responsiveness view of Fischer and Ravizza requires supplementation that takes us beyond even fine-grained measures of degrees of reasons-responsiveness in order to capture facts about degrees of difficulty to extend the reasons-responsiveness view by appealing to such measures). I conclude by showing that once we recognize the need for these additional parameters, we will be in a position to explain away at least some of the appeal of incompatibilist accounts of moral responsibility. (shrink)

Jim buys a ticket in a million-ticket lottery. He knows it is a fair lottery, but, given the odds, he believes he will lose. When the winning ticket is chosen, it is not his. Did he know his ticket would lose? It seems that he did not. After all, if he knew his ticket would lose, why would he have bought it? Further, if he knew his ticket would lose, then, given that his ticket is no different in its chances (...) of winning from any other ticket, it seems that by parity of reasoning he should also know that every other ticket would lose. But of course he doesn’t know that; in fact, he knows that not every ticket will lose. (shrink)

Deliberative democracy is an embattled political project. It is accused of political naiveté for it only talks about power without taking power. Others, meanwhile, take issue with deliberative democracy’s dominance in the field of democratic theory and practice. An industry of consultants, facilitators, and experts of deliberative forums has grown over the past decades, suggesting that the field has benefited from a broken political system. This book is inspired by these accusations. It argues that deliberative democracy’s tense relationship with power (...) is not a pathology but constitutive of deliberative practice. Deliberative democracy gains relevance when it navigates complex relations of power in modern societies, learns from its mistakes, remains epistemically humble but not politically meek. These arguments are situated in three facets of deliberative democracy—norms, forums, and systems—and concludes by applying these ideas to three of the most pressing issues in contemporary times—post-truth politics, populism, and illiberalism. (shrink)

Nicole Hassoun here makes a philosophical argument for health, and access to essential medicines, as essential human rights, and she proposes the Global Health Impact system as a way to ensure those rights. She reports how life-saving medicines are inaccessible and costly for the global poor, and that rather than focusing on treatments for critical, deadly global health problems, pharmaceutical companies instead invest in more profitable drugs. To address this problem, Hassoun's proposal will rate pharmaceutical companies based on their (...) medicines' impact on the improvement of global health, and will reward highly-rated medicines with a Global Health Impact label. (shrink)

The face of the world is changing. The past century has seen the incredible growth of international institutions. How does the fact that the world is becoming more interconnected change institutions' duties to people beyond borders? Does globalization alone engender any ethical obligations? In Globalization and Global Justice, Nicole Hassoun addresses these questions and advances a new argument for the conclusion that there are significant obligations to the global poor. First, she argues that there are many coercive international institutions (...) and that these institutions must provide the means for their subjects to avoid severe poverty. Hassoun then considers the case for aid and trade, and concludes with a new proposal for fair trade in pharmaceuticals and biotechnology. Globalization and Global Justice will appeal to readers in philosophy, politics, economics and public policy. (shrink)

Evidence does not support the claim that observers universally recognize basic emotions from signals on the face. The percentage of observers who matched the face with the predicted emotion (matching score) is not universal, but varies with culture and language. Matching scores are also inflated by the commonly used methods: within-subject design; posed, exaggerated facial expressions (devoid of context); multiple examples of each type of expression; and a response format that funnels a variety of interpretations into one word specified by (...) the experimenter. Without these methodological aids, matching scores are modest and subject to various explanations. (shrink)

In conclusion, then, the situationist literature provides a rich area of exploration for those interested in freedom and responsibility. Interestingly, it does not do so primarily because it is situationist in the sense of supporting the substantive thesis about the role of character traits. Rather it is because it makes us wonder whether we really do act on a regular basis with the particular normative, epistemic,and reactive capacities that are central to our identity as free and responsible agents.

Psychopaths pose a puzzle. The pleasure they take in the pain of others suggests that they are the paradigms of blameworthiness, while their psychological incapacities provide them with paradigm excuses on plausible accounts of moral responsibility. I begin by assessing two influential responses: one that claims that psychopaths are morally blameworthy in one sense and not in another, and one that takes the two senses of blameworthiness to be inseparable. I offer a new argument that psychopaths, as understood in the (...) debate, are blameworthy in neither sense, while showing how the two senses of blameworthiness nevertheless come apart. (shrink)

The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...) version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation. (shrink)

Responsibility, blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships (...) between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering. (shrink)

This paper presents a holistic, contextualised case study of reintegration and trust repair at a UK utilities firm in the wake of its fraud and data manipulation scandal. Drawing upon conceptual frameworks of reintegration and organizational trust repair, we analyze the decisions and actions taken by the company in its efforts to restore trust with its stakeholders. The analysis reveals seven themes on the merits of proposed approaches for reintegration after an integrity violation , and novel insights on the role (...) of organizational identity, “changing of the guard” and cultural reforms alongside procedural modifications. The case further supports the dynamic nature of stakeholder salience across the reintegration process. The study both supports propositions from existing frameworks and suggests novel theoretical extensions for future research. (shrink)

This study investigated the roles of problem structure and strategy use in problem encoding. Fourth‐grade students solved and explained a set of typical addition problems (e.g., 5 + 4 + 9 + 5 = _) and mathematical equivalence problems (e.g., 4 + 3 + 6 = 4 + _ or 6 + 4 + 5 = _ + 5). Next, they completed an encoding task in which they reconstructed addition and equivalence problems after viewing each for 5 s. Equivalence problems (...) of the form 4 + 3 + 6 = 4 + _ overlap with a perceptual pattern found in traditional arithmetic problems (i.e., answer blank in final position), and students' encoding was poorest on problems of this type. Individual differences in encoding the equivalence problems were related to variations in strategy use. Some students solved blank‐final equivalence problems using the standard arithmetic strategy of performing all given operations on all given numbers. These students made more errors in encoding problem structure, but fewer errors in encoding the numbers, than did students who solved the problems using correct or other incorrect strategies. Moreover, students who expressed many strategies for solving the blank‐final equivalence problems made fewer errors in encoding problem structure, but more errors in encoding the numbers, than did students who expressed only a single strategy. Results highlight that encoding is intended to guide action and that prior experience can simultaneously facilitate and interfere with accurate encoding. (shrink)

According to the classical Doctrine of Double Effect, there is a morally significant difference between intending harm and merely foreseeing harm. Versions of DDE have been defended in a variety of creative ways, but there is one difficulty, the so-called “closeness problem”, that continues to bedevil all of them. The problem is that an agent's intention can always be identified in such a fine-grained way as to eliminate an intention to harm from almost any situation, including those that have been (...) taken to be paradigmatic instances in which DDE applies to intended harm. In this paper, we consider and reject a number of recent attempts to solve the closeness problem. We argue that the failure of these proposals strongly suggests that the closeness problem is intractable, and that the distinction between intending harm and merely foreseeing harm is not morally significant. Further, we argue that there may be a deeper reason why such attempts must fail: the rationale that makes the best fit with DDE, namely, an imperative not to aim at evil, is itself irredeemably flawed. While we believe that these observations should lead us to abandon further attempts to solve the closeness problem for DDE, we also conclude by showing how a related principle that is supported by a distinct rationale and avoids facing the closeness problem altogether nevertheless shares with DDE its most important features, including an intuitive explanation of a number of cases and a commitment to the relevance of intentions. (shrink)

In response to growing concerns of bias, discrimination, and unfairness perpetuated by algorithmic systems, the datasets used to train and evaluate machine learning models have come under increased scrutiny. Many of these examinations have focused on the contents of machine learning datasets, finding glaring underrepresentation of minoritized groups. In contrast, relatively little work has been done to examine the norms, values, and assumptions embedded in these datasets. In this work, we conceptualize machine learning datasets as a type of informational infrastructure, (...) and motivate a genealogy as method in examining the histories and modes of constitution at play in their creation. We present a critical history of ImageNet as an exemplar, utilizing critical discourse analysis of major texts around ImageNet’s creation and impact. We find that assumptions around ImageNet and other large computer vision datasets more generally rely on three themes: the aggregation and accumulation of more data, the computational construction of meaning, and making certain types of data labor invisible. By tracing the discourses that surround this influential benchmark, we contribute to the ongoing development of the standards and norms around data development in machine learning and artificial intelligence research. (shrink)

In this paper, I take up the question of whether the phenomenon of self-deception requires a radical sort of partitioning of the mind, and argue that it does not. Most of those who argue in favor of partitioning accept a model of self-deception according to which the self-deceived person desires to and intentionally sets out to form a certain belief that she knows to be false. Such a model is similar to that of deception of other persons, and for this (...) reason is thought to require that the self-deceiver’s mind be partitioned; one “part” of her knows the truth, while the other “part” is convinced of a false belief. I argue that while both the partitionist model and its main competitor should be rejected, each contains a key insight. On the one hand, anti-partitionist models correctly invoke some sort of desire or motivation on the part of self-deceivers as playing a role in the acquisition of their beliefs. But it is partitionists who identify the right sort of desire, namely, the desire to believe. (shrink)

ABSTRACTGeneralisation in learning means that learning with one particular stimulus influences responding to other novel stimuli. Such generalisation effects have largely been overlooked within res...

This volume explores the principles that govern moral responsibility and legal liability for omissions. Contributors defend different views about the ground of moral responsibility, the conditions of legal liability for an omission to rescue, and the basis for accepting a " for omissions in the criminal law.

On the one hand, there seem to be compelling parallels to moral responsibility, blameworthiness, and praiseworthiness in domains other than the moral. For example, we often praise people for their aesthetic and epistemic achievements and blame them for their failures. On the other hand, it has been argued that there is something special about the moral domain, so that at least one robust kind of responsibility can only be found there. In this paper, I argue that we can adopt a (...) unifying framework for locating responsible agency across domains, thereby capturing and explaining more of our actual practices. The key, I argue, is to identify the right conditions for being morally accountable, which I take to be a matter of having an opportunity of a good enough quality to act well. With this account in hand, I argue that we can adopt a unifying framework that allows us to recognize parallels across domains, even as it points the way to important differences among them. (shrink)

Abstract: In this paper, I defend a view according to which one is responsible for one's actions to the extent that one has the ability to do the right thing for the right reasons. The view is asymmetrical in requiring the ability to do otherwise when one acts badly or for bad reasons, but no such ability in cases in which one acts well for good ones. Despite its intuitive appeal, the view's asymmetry makes it a target of both of (...) the main camps in the debate over responsibility. In addressing objections, I explore the relationship between fairness and responsibility, and the nature of the ability to do otherwise. (shrink)

The Oxford Handbook of Moral Responsibility is a collection of 33 articles by leading international scholars on the topic of moral responsibility and its main forms, praiseworthiness and blameworthiness. The articles in the volume provide a comprehensive survey on scholarship on this topic since 1960, with a focus on the past three decades. Articles address the nature of moral responsibility - whether it is fundamentally a matter of deserved blame and praise, or whether it is grounded anticipated good consequences, such (...) as moral education and formation, or whether there are different kinds of moral responsibility. They examine responsibility for both actions and omissions, whether responsibility comes in degrees, and whether groups such as corporations can be responsible. The traditional debates about moral responsibility focus on the threats posed from causal determinism, and from the absence of the ability to do otherwise that may result. The articles in this volume build on these arguments and appraise the most recent developments in these debates. Philosophical reflection on the personal relationships and moral responsibility has been especially intense over the past two decades, and several articles reflect this development. Other chapters take up the link between blameworthiness and attitudes such as moral resentment and indignation, while others explore the role that forgiveness and reconciliation play in personal relationships and responsibility. The range of articles in this volume look at moral responsibility from a range of perspectives and disciplines, explaining how physics, neuroscience, and psychological research on topics such as addiction and implicit bias illuminate the ways and degrees to which we might be responsible. (shrink)

This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive harm in (...) a situation if both culpably intend to harm another, but due to circumstances outside the control of the two people only one has a chance of succeeding in causing harm. I argue that there is no difference in liability between the two. I then turn to a kind of slippery slope challenge that accepting this conclusion would lead to a vast over-inclusiveness in those liable to defensive harm, and consider a recent attempt at meeting it that requires that a person’s culpability can only affect liability if it concerns the very situation in which defensive harm is relevant. Finally, I put forward and assess a new way of meeting the challenge that appeals to a particular conception of culpability together with auxiliary theses concerning how culpability can decrease over time, among others. (shrink)

The aim of this inquiry is to investigate Heidegger's ontology of technology. We will show that this ontology is aporetic. In Heidegger's key technical essays, ?The question concerning technology? and its earlier versions ?Enframing? and ?The danger?, enframing is described as the ontological basis of modern life. But the account of enframing is ambiguous. Sometimes it is described as totally binding and at other times it appears to allow for exceptions. This oscillation between, what we will call total enframing and (...) partial enframing, is underscored in the work of two influential scholars of Heidegger's later thought, Hubert Dreyfus and Iain Thomson. We will show that like Heidegger, Dreyfus and Thomson unwittingly perpetuate this dilemma that ultimately covers up the aporetic structure of enframing. (shrink)

Etrange personnage que Pierre Nicole. La postérité l'a rangé parmi les deuxièmes rôles de Port-Royal, une sorte de permanent du parti janséniste. Il a secondé le grand Arnauld, instruit Racine dans les Petites Ecoles, aidé Pascal et traduit en latin ses Provinciales. Fidèle entre les fidèles, et en même temps mal à l'aise dans cette atmosphère de fronde et de résistance que représente le milieu de Port-Royal, au sein de la France du XVII e siècle, ce latiniste timoré ne (...) songeait qu'aux Moyens de conserver la paix avec les hommes - titre de l'un de ses essais les plus célèbres. Dès que les tensions semblent s'apaiser, pendant la trêve appelée "la Paix de l'Eglise", Nicole peut enfin laisser libre cours à sa vocation de moraliste et de psychologue. Il publie, volume après volume ses Essais de morale : le succès sera tel que le libraire, après la mort de Pierre Nicole, s'ingéniera à en augmenter la série jusqu'à atteindre vingt-cinq volumes. Depuis la fin du XVIII e siècle, ce classique de la littérature morale était devenu pour ainsi dire inaccessible. On en publie parfois quelques pages choisies, défigurées par les coupures et les corrections. Il est proposé ici au lecteur moderne de redécouvrir dix essais de Nicole, donnés dans leur intégralité. Certains nous replongent dans les principes moraux d'un autre âge (et tirent de cet exotisme une part de leur valeur). D'autres présentent les qualités de finesse, le piquant, le goût du paradoxe qui ont longtemps fait juger Nicole comme un des grands représentants, à côté de Pascal et de La Rochefoucauld, de la littérature morale classique. L'oeuvre morale de Nicole s'avère ainsi demeurer passionnante pour un lecteur moderne, au moins à trois égards : 1/ ses considérations sur l'amour-propre, qui constituent les premiers jalons d'un utilitarisme économique ; 2/ ses réflexions sur la sociabilité et une approche originale de la civilité ; 3/ ses observations pédagogiques, émanant d'un des principaux maîtres des Petites Ecoles de Port-Royal. (shrink)

The role of research ethics committees, and research ethics issues more broadly are often not viewed in the context of the development of scientific methods and the academic community. This topic piece seeks to redress this gap. I begin with a brief outline of the changes we experience within the social sciences before exploring in more detail their impact on research ethics and the practices of research ethics committees. I conclude with recommendations for how the existing research ethics processes may (...) be made more future-proof. (shrink)

In this paper, I engage with several of the intriguing theses Michael McKenna puts forward in his Conversation and Responsibility. For example, I examine McKenna’s claim that the fact that an agent is morally responsible for an action and the fact that an agent is appropriately held responsible explain each other. I go on to argue that despite the importance of the ability to hold people responsible, an agent’s being morally responsible for an action is explanatorily fundamental, and in this (...) sense responsibility is response-independent. I then explore some of the specific aspects of McKenna’s conversational theory before turning to his suggestion that the conversational nature of our responsibility practices gives us special kinds of reasons for accepting that agents are deserving of the harms of blame. Finally, I conclude by raising questions for his argument that the scope of blameworthy actions extends beyond that of impermissible actions. (shrink)

In this paper, I endorse the idea that age is a defensible criterion for eligibility to vote, where age is itself a proxy for having a broad set of cognitive and motivational capacities. Given the current (and defeasible) state of developmental research, I suggest that the age of 16 is a good proxy for such capacities. In defending this thesis, I consider alternative and narrower capacity conditions while drawing on insights from a parallel debate about capacities and age requirements in (...) the criminal law. I also argue that the expansive capacity condition I adopt satisfies a number of powerful and complementary rationales for voting eligibility, and conclude by addressing challenging arguments that, on the one hand, capacity should not underlie voting eligibility in the first place, and, on the other, that capacity should do so directly and not via any sort of proxy, including age. (shrink)

What is it like to live with the label “Disability?” NIB editorial staff and narrative symposium editors, Jeffery Bishop and Naomi Sunderland developed a call for stories, which was sent to several list serves, shared with the 1000 Voices Project community and posted on Narrative Inquiry in Bioethics ’ website. The request for personal stories from people who identify with the label “disabled” asked them to: consider how the label “disability” interacts with other aspects of their life in health care (...) settings; does the term “disability” reflect their actual embodied experiences of impairment or does it fail to do justice to their particular experience of impairment; describe the kind of experiences that are possible because of the impairment(s); discuss how the label has affected their “authentic voice”; and many other concepts about what effects the label has on their lives. These authors share deeply personal experiences that will help readers understand their world, challenges, and joys. Thirteen stories are found in the print version of the journal and an additional five supplemental stories are published online only through Project MUSE. The stories are complemented by four commentary articles by Elizabeth R. Schiltz; Lorna Hallahan; Nicole Matthews, Kathleen Ellem, and Lesley Chenoweth; and Jeffery Bishop, Rachelle Barina, and Devan Stahl. These scholars come from the disciplines of law, social work, media studies, medicine, and bioethics from Australia and the United States. Together, the symposium’s storytellers and commentators offer striking and informative insights into the everydayness of living with disabilities. (shrink)

The rise of a partisan Congress can aggravate some of the pathologies of the rhetorical presidency identified by Jeffrey Tulis: reckless policy production, and the resulting public disillusionment with an overpromising government. In some cases, such as the debate over the invasion of Iraq, the unified ranks of the president’s party amplify the president’s simplistic rhetoric, reducing policy deliberation and aggravating public disappointment when reality turns out to be more complex. When combined with divided government, however, partisanship can work to (...) produce deliberative compromises that mitigate these pathologies, as exemplified by the welfare‐reform legislation enacted by a Republican Congress under a Democratic president in 1996. (shrink)

Ballard and Zhang offer a fascinating review of how computational models of human vision have evolved since David Marr proposed his Tri‐Level Hypothesis, with a focus on the refinement of algorithm descriptions over time.

Recently, there have been several illuminating discussions highlighting a connection between the appropriate conditions for morally responsible agency and for valid informed consent in health care (including for personal medical decisions and for participation in clinical trials). In this chapter, I begin by drawing parallels between debates in both areas (e.g. “substantive” versus “procedural” accounts, “capacity” versus “flow” accounts) and then briefly defend the idea that we should focus on a particular family of substantive views that appeal to high-enough quality (...) opportunities for decision-making which are determined by both agents’ reasons-responsive capacities and situational factors. Notably, even if reasons-responsiveness conditions feature in both accounts of responsible agency and of informed consent, it remains an open question just how similar the conditions are in each area. In particular, since the basis for and the quality of our reasons-responsive capacities come in degrees, there is a question of when a threshold is met so that a person can be said to have a capacity, or a sufficiently high-quality capacity, which is a difficult question to answer in both realms. In this chapter, I assess possible answers and consider how constrained those answers should be by independent reasons to treat responsible agency and eligibility for informed consent similarly. (shrink)

In rejecting the Principle of AlternatePossibilities (PAP), Harry Frankfurt makes useof a special sort of counterfactual of thefollowing form: ``he wouldn''t have doneotherwise even if he could have''''. Recently,other philosophers (e.g., Susan Hurley (1999,2003) and Michael Zimmerman (2002)) haveappealed to a special class of counterfactualsof this same general form in defending thecompatibility of determinism andresponsibility. In particular, they claim thatit can be true of agents that even if they aredetermined, and so cannot do otherwise, theywouldn''t have done otherwise even if (...) they couldhave. Using as a central case an argument ofSusan Hurley''s, I point out that thecounterfactuals in question are both``interlegal'''' and ``indeterministic'''', and I raisedoubts about whether this special class ofcounterfactuals have clear truth conditions. Finally I suggest that acknowledging thesepoints leads to an appreciation of the realstrength of Frankfurt-style examples. (shrink)

My purpose in this paper is to show how a re-examination of Snow’s famous South London water study, widely taken to have established that cholera is water-borne, highlights some problems with current, scientific realist accounts of theory-change. When examining scientific controversies, such accounts focus disproportionately on the ‘winning’ theories and their properties, or on those of the reasoning of the scientists who proposed them. I argue that this focus is misguided and leads us to neglect much of what is epistemically (...) valuable in episodes of theory-change, thereby leading to inaccurate views about both the dynamics of theory-change and the notion of scientific progress that accompanies it. I end by sketching some implications for the philosophy of epidemiology. (shrink)