In 2004, the journal Health Matrix published a very interesting symposium volume titled “The Field of Health Law: Its Past and Future. As the title implies, the various commentators took both a retrospective and a prospective look at past trends and future prospects in health law. Some, including Clark Havighurst, Skip Rosoff and Walter Wadlington, wrote thoughtful essays on the development of health law over time and the implications of those trends. Others, including Rob Schwartz, Jim Blumstein, Rand Rosenblatt, and (...) Mark Hall and Carl Schneider, wrote equally thoughtful essays that reflected on the past but focused more on future directions and prospects. And one, Kep Wing, wrote a semi-dyspeptic essay debunking the entire field of health law.Taken together, these essays present a comprehensive view of how health law has developed so far and where its future might lie. Four themes emerge from the collected writings. First, there is considerable agreement on how and why health law has developed, but little agreement on where it is headed. (shrink)

In 2004, the journal Health Matrix published a very interesting symposium volume titled “The Field of Health Law: Its Past and Future. As the title implies, the various commentators took both a retrospective and a prospective look at past trends and future prospects in health law. Some, including Clark Havighurst, Skip Rosoff and Walter Wadlington, wrote thoughtful essays on the development of health law over time and the implications of those trends. Others, including Rob Schwartz, Jim Blumstein, Rand Rosenblatt, and (...) Mark Hall and Carl Schneider, wrote equally thoughtful essays that reflected on the past but focused more on future directions and prospects. And one, Kep Wing, wrote a semi-dyspeptic essay debunking the entire field of health law.Taken together, these essays present a comprehensive view of how health law has developed so far and where its future might lie. Four themes emerge from the collected writings. First, there is considerable agreement on how and why health law has developed, but little agreement on where it is headed. (shrink)

It has been shown in Spirtes(1995) that X and Y are d-separated given Z in a directed graph associated with a recursive or non-recursive linear model without correlated errors if and only if the model entails that ρXY.Z = 0. This result cannot be directly applied to a linear model with correlated errors, however, because the standard graphical representation of a linear model with correlated errors is not a directed graph. The main result of this paper is to show how (...) to associate a directed graph with a linear model L with correlated errors, and then use d-separation in the associated directed graph to determine whether L entails that a particular partial correlation is zero. (shrink)

Although living conditions have improved throughout history, protest, at least in the last few decades, seems to have increased to the point of becoming a normal phenomenon in modern societies. Contributors to this volume examine how and why this is the case and argue that although problems such as poverty, hunger, and violations of democratic rights may have been reduced in advanced Western societies, a variety of other problems and opportunities have emerged and multiplied the reasons and possibilities for protest.

In lieu of an abstract, here is a brief excerpt of the content:Hume’s Dialogues and Paradise LostPeter DendleDiscussions of the background of Hume’s Dialogues Concerning Natural Religion (1779) tend to focus more on scientific, philosophical, and theological sources than on literary ones, which is only natural given that the work is a philosophical dialogue. Yet the epistolary-dialogue form, a departure from Hume’s usual expository philosophical style, encourages exploring the Dialogues as a work of literature independently of its contribution to the (...) history of philosophy. 1 Newton, Clarke, and the French skeptics are crucial background figures in understanding the importance of Hume’s criticism of natural theology, and the influence of classical writers such as Cicero and Lucretius is equally obvious; but it is not sufficiently appreciated that more recent literary figures such as Milton, Dryden, and Pope also inform the Dialogues. Their influence is not as great as that of those others named, perhaps, but it represents a significant substratum, illuminating in many ways Hume’s conceptualization of the cosmological and philosophical principles to which he responds. The Restoration and Augustan poets, essayists, and even novelists contribute images evoked and examples raised by the disputants in Hume’s dialogue, and an understanding of how these images are used in the Dialogues contributes toward a broader understanding of the conceptual foundations of Hume’s philosophy in relation to the intellectual mainstream of the Enlightenment in general.Among the various works Hume quotes in the Dialogues, including those of Dryden, Lord Bacon, and Lucretius, Paradise Lost provides the longest quotation and is the only source quoted more than once. In the opening pages of the Dialogues (D 134) Philo quotes five lines from Book 2 of Paradise Lost (PL, 565–69), in which the fallen angels, emerging from their great pandemonic council, [End Page 257] take to philosophical speculation. 2 He cites the passage out of context, to demonstrate that skepticism, if forced, is not meaningless and that “Vain Wisdom all and false Philosophy” may yet “charm Pain” and “arm the obdurate breast / With stubborn Patience.” Thus Philo defends against Cleanthes’ charge that skepticism amounts to empty raillery and can have no practical consequences in one’s behavior. The image of the demonic council, confounded in meandering speculation, is an appropriate lead-in for the work as a whole: like the characters in the Dialogues, Milton’s devils “reasoned high.... And found no end, in wandering mazes lost” (PL, 2.558–61).The second of the three quotations from Paradise Lost occurs a third of the way through the Dialogues, when Philo notes in Part V, “The two great sexes of male and female, says MILTON, animate the world” (D, 168; PL, 8.151). Here the innocent adage of Edenic proliferation becomes twisted into an impertinent analogy concerning the sexuality of deities: “Why must this circumstance [sexual reproduction], so universal, so essential, be excluded from those numerous and limited Deities?” (D, 168). 3 It is among the insolent analogies that Philo claims must follow from Cleanthes’ principles. In Part X (D, 195–96) Demea offers a third quotation from Paradise Lost, the longest in the Dialogues, in his attempt to portray the misery of the human condition in this world. The nine lines from Book 11 of Paradise Lost he cites express the wretchedness of the human condition rather morbidly. 4 Thus, the three quotations from Paradise Lost are either distorted for an insalutary effect or are unwholesome to begin with, and they loosely mark the beginning, middle, and latter part of the Dialogues (just as they are taken from the beginning, middle, and latter part of Paradise Lost).The world of Paradise Lost is very much one of counsel and debate, discourse and dialogue: the heavenly and hellish councils of books 2 and 3 give way to the more pastoral conversations within the garden, where Adam and Eve struggle to understand their condition, Raphael and Michael offer wisdom, and Satan tempts. Although the backdrop is the entire cosmos rather than Cleanthes’ library, Milton’s epic no less than Hume’s Dialogues progresses through its stages by the primary vehicle of dialogue rather than action. Paradise Lost affirms the very role of dialectical (as opposed to intuitive) reasoning... (shrink)

In Branden Thornhill-Miller and Peter Millican’s challenging and provocative essay, we hear a considerably longer, more scholarly and less melodic rendition of John Lennon’s catchy tune—without religion, or at least without first-order supernaturalisms, there’d be significantly less intra-group violence. First-order supernaturalist beliefs, as defined by Thornhill-Miller and Peter Millican, are “beliefs that claim unique authority for some particular religious tradition in preference to all others”. According to M&M, first-order supernaturalist beliefs are exclusivist, dogmatic, empirically unsupported, and irrational. Moreover, (...) again according to M&M, we have perfectly natural explanations of the causes that underlie such beliefs. They then make a case for second-order supernaturalism, “which maintains that the universe in general, and the religious sensitivities of humanity in particular, have been formed by supernatural powers working through natural processes”. Second-order supernaturalism is a kind of theism, more closely akin to deism than, say, Christianity or Buddhism. It is, as such, universal, empirically supported, and beneficial. With respect to its pragmatic value, second-order supernaturalism, according to M&M, gets the good of religion without its bad. Second-order supernaturalism is thus rational and inconducive to violence. In this paper, I will examine just one small but important part of M&M’s argument: the claim that religion is a primary motivator of violence and that its elimination would eliminate or curtail a great deal of violence in the world. Imagine, they say, no religion, too. Janusz Salamon offers a friendly extension or clarification of M&M’s second-order theism, one that I think, with emendations, has promise. He argues that the core of first-order religions, the belief that Ultimate Reality is the Ultimate Good, is rational and, if widely conceded and endorsed by adherents of first-order religions, would reduce conflict in the world. While I favor the virtue of intellectual humility endorsed in both papers, I will argue contra M&M that belief in first-order religion is not a primary motivator of conflict and violence. Second, partly contra Salamon, who I think is half right, I will argue that the religious resources for compassion can and should come from within both the particular and the universal aspects of religious beliefs. Finally, I will argue that both are guilty, as I am, of the philosopher’s obsession with belief. (shrink)

How does our understanding of what it means to be rational affect our interpretation of the world around us? ... Essayists discuss the nature and extent of rationality - its content, focus, and the intrinsic guidelines for using the term "rational" when describing persons or actions. The distinguished contributors to this collection include Max Black, Steven J. Brams, James H. Bunn, Christopher Cherniak, Murray Clarke, Marjorie Clay, Paul Diesing, Antony Flew, John T. Kearns, D. Mark Kilgour, Hilary Kornblith, Charles (...) H. Lambros, Duncan MacIntosh, Alistair MacLeod, Robert G. Meyers, Erwin Segal, Zeno G. Swijtink, Brice R. Wachterhauser, and Paul Weirich. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 149 temporary, might he an eyeopener to young Thomists who know so little about his work. In the meantime, however, in this English version of The Eyes of Faith a primary source of first importance has come our way. Catholic libraries should definitely have it on hand for philosophers and theologians to consult. Fordham University Bronx, New York GERALD A. McCooL, S.J. The Phuosophy of Thomas Aquinas: (...) Introductory Readings. Edited by CHRISTOPHER MARTIN. New York: Routledge, Chapman & Hall, 1988. Pp. 202. $57.50 (cloth); $18.95 (paper). One has a difficult time finding a wholly satisfactory collection of writings from Thomas Aquinas in a single volume. In different ways, the well-known collections of Mary Clark, Robert Goodwin, Thomas Gilby, Vernon Bourke, and Anton Pegis have their merits, hut they have their defects too-one of which is that they all came out twenty to forty years ago. Christopher Martin has recently produced a new collection of readings, and his selection is much different. Add to this that many of the texts in his work are rare or nonexistent in translation, and one begins to see why it is delightful to see this work appear. Christopher Martin has gathered a number of philosophical texts from Aquinas for those who have already cut their teeth in philosophy. (Hence, the uninitiated to philosophy will find things here hard going.) Texts were selected principally with an eye to interesting those students who are most familiar with philosophy in the analytic tradition. They are often unacquainted with theology and at a loss as to how to sort out Thomas's philosophical claims from his theological claims. The aim was to produce a volume which would help such students read Thomas fruitfully and show them that Thomas has many genuine philosophical insights. To this end, texts were chosen that presupposed no, or a minimal, understanding of theology. Not every side of Thomas's philosophical thought is reflected in this work, hut a number of important sides of it are, and an idea of the breadth of it comes through. The format of this work is something like that of Ralph Mclnerny's recent A First Glance at St. Thomas Aquinas. Each chapter begins with an essay that is closely tied to a Thomistic text or two given at the end of the chapter. In Martin's work, however, the emphasis lies more on the itexts than on the expository essays. Apart from the introduction, the 150 BOOK REVIEWS book is divided into five chapters: Aquinas on Logic; Aquinas on Metaphysics; Aquinas on God; Aquinas on Truth, Knowledge and the Mind; and Aquinas on Ethics. The chapters by design follow the major divisions and order of Anthony Kenny's Aquinas: A Collection of Critical Essays. The essays which begin each chapter and introduce the texts that follow are solid pieces. They make many references to Thomas's depend· ence on Aristotle and to parallels between Thomas's handling of a problem and recent discussions of the same. They also give guidance in reading the Thomistic texts and explain what is difficult in the doctrine found in the texts. Throughout these essays, the influence of Peter Geach's writings is evident (especially God and the Soul and Three Philosophers). At times it is just an example or the choice of a term, and at other times it is something more substantial. Though Martin's essays are quite accurate and helpful, a reader can find things to quibble with. Thomas's distinction, for example, between id a quo nomen imponitur ad significandum and id ad quod nomen imponitur ad significandum does not seem, as Martin suggests, to be Frege's distinction between sense and reference or Kripke's distinction between the reference of a name and the fixing of a reference. Rather, Thomas seems to be distinguishing more the etymology of a name from its meaning. Again, it will not do to say that the principle of individuation for individuals of the same kind is " distinct lumps of matter " and that the lumpiness of matter in turn is responsible for the individuation of forms. The " lumpiness " of matter is itself a formal feature. Thomas's teaching... (shrink)

We suggest that in the particular context of medical education, ethics can be considered in a similar way to other kinds of knowledge that are categorised and shaped by academics in the context of wider society. Moreover, the study of medical ethics education is translational in a manner loosely analogous to the study of medical education as adjunct to translational medicine. Some have suggested there is merit in the idea that much as translational research attempts to connect the laboratory scientist's (...) work to its implications for patient care, translational ethics focuses on bringing ethics scholarship into the sphere of personal and public action. We distinguish the term ‘translational ethics’ (the study of ethics being translated between academy, classroom and clinic) from other prominent definitions in the bioethics literature. To do this, we build off a notion of knowledge translation that focuses on the nonlinear movement of information that comes to professionals through multiple competing sources. We suggest that this knowledge, and particularly knowledge about ethics, becomes embodied by the individual. It is through a reflective practice that internally embedded ethics knowledge might be modified, and this work might be best carried out with a moral community that maintains a sense of practical wisdom. Applying this translational approach to the study of medical ethics education can be both academically relevant and practically useful. This view of translation can help bridge the evident, multidirectional relationships between research, education and performance. It might also create further opportunities to develop medical ethics education theory. (shrink)

Hegemony is one of the most widely diffused concepts in the contemporary social sciences and humanities internationally, interpreted in a variety of ways in different disciplinary and national contexts. However, its contemporary relevance and conceptual coherence has recently been challenged by various theories of ‘posthegemony’. This article offers a critical assessment of this theoretical initiative. In the first part of the article, I distinguish between three main versions of posthegemony – temporal, foundational and expansive – characterized by different understandings of (...) the temporal and logical implications of hegemony. I then offer a critical assessment of the shared presuppositions of these theories, including their ‘pre-Gramscianism’, their indebtedness to Laclau and Mouffe’s formulation of hegemony, and their characterization of hegemony in terms compatible with modern theories of sovereignty. I conclude by arguing that the contradictions and oversights of the debate on posthegemony encourage us to undertake a reassessment of the real historical complexity of hegemonic politics and its different traditions of conceptualization. (shrink)

A historical perspective on the future of the car Content Type Journal Article Pages 1-3 DOI 10.1007/s11016-010-9479-z Authors Peter D. Norton, Department of Science, Technology and Society, University of Virginia, Charlottesville, VA 22904-4744, USA Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

There are many things that could be wrong with foundationalism. For example, some have claimed that a so‐called basic belief cannot be both 1) a reason for non‐basic beliefs and 2) such that it cannot be provided with at least prima facie justification.1 If something is a reason, they say, then that something has to be a proposition (or sufficiently proposition‐like) and if it is a proposition (or sufficiently proposition‐like), then it is the kind of thing that requires a reason (...) in order to be even prima facie justified.2 Another reason that some give for rejecting normative foundationalism is that it leads directly to skepticism.3 There is no way, they claim, to move from so‐called basic propositions (typically given as first person introspective reports) to “external world” propositions by employing normatively acceptable principles of reasoning.4 Still others have thought that the invention of a nonrea‐soned reason was as ad hoc as the invention of an unmoved mover.5. (shrink)

As the Pyrrhonians made clear, reasons that adequately justify beliefs can have only three possible structures: foundationalism, coherentism, and infinitism. Infinitism—the view that adequate reasons for our beliefs are infinite and non-repeating—has never been developed carefully, much less advocated. In this paper, I will argue that only infinitism can satisfy two intuitively plausible constraints on good reasoning: the avoidance of circular reasoning and the avoidance of arbitrariness. Further, I will argue that infinitism requires serious, but salutary, revisions in our evaluation (...) of the power of reasoning. Thus, reasoning can not provide a basis for assenting to a proposition—where to assent to a proposition, p, means to believe that we know that p. A non-dogmatic form of provisional justification will be sketched. Finally, the best objections to infinitism, including those posed by the Pyrrhonians, will be shown (at least provisionally!) to be inadequate. (shrink)

The Anthropocene is a term described by Earth Systems Science to capture the recent rupture in the history of the Earth where human action has acquired the power to alter the Earth System as a whole. While normative conclusions cannot be logically derived from this descriptive fact, this paper argues that law and philosophy ought to develop responses that are ordered around human beings. Rather than arguing for legal rights or extending rights to nature, this paper focuses on obligations. Drawing (...) on Hans Jonas, it argues that obligations are a more appropriate tool for cultivating human plurality, restraining human action and protecting future generations. (shrink)

An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how litigation shaped policy (...) in civil rights, abortion, and environmental matters, there is almost no empirical support for either position.In recent years, the most ardent proponents of litigation as public policy have been public health advocates. Perhaps out of frustration with the inability to achieve desired public health goals through the legislative branch of government, public health advocates have pursued litigation as an alternative strategy. Beginning with tobacco class action litigation in the early 1990s and continuing with litigation against gun manufacturers at the end of that decade, public health advocates have waged a veritable litigation assault aimed at changing how public health policy is formed. (shrink)

Many observers have argued that the US health care system could be more efficient, and achieve better outcomes if providers focused more on improving the community's health, not just the welfare of individual patients. The passage of the Affordable Care Act in 2010 seemed to herald the promise of such reforms, and greater integration of the health care and public systems. In this article, we reassess the quest for integration, a quest we call the “integration project.” After examining the modest (...) steps taken so far toward integration, we consider some conceptual barriers to integration as well as some of the risks it might portend for the public health system. Our assessment contributes to wide-ranging debates among public health advocates, practitioners, and policymakers as to the health care system's role in protecting public health, and how the public health system can best be organized to meet expected population health challenges. (shrink)

Public health is concerned with how to improve the population’s health. At times, though, actions to improve the community’s health may collide with individual civil rights. For example, a public health response to a bioterrorism attack, such as smallpox, may require relaxing an individual’s due process protections to prevent the smallpox from spreading. This tension lies at the heart of public health policy. It also must be considered in discussing the concept of human rights in health.Proponents of incorporating the concept (...) of human rights in health emphasize the importance of both individual rights and collective rights. They argue that observing human rights is not only consistent with broad public health goals, but necessary to their attainment. To many human rights advocates, the concept is not limited to protecting against governmental intrusion. Accordingly, they emphasize the government’s obligation to promote attainment of human rights by, for instance, providing adequate health care. (shrink)