The research is developed with the use of deductive and descriptive analytical methods used to obtain information on doctrine and jurisprudence and to establish and describe specific situations in the field of Ecuadorian Medical Law respectively. The main objective is to provide scientific and doctrinal tools to understand guilt in cases of omissive conduct in Ecuadorian medical practice, as well as its comparison with other countries such as Colombia, Mexico, Cuba and Argentina, the results of the research show that the (...) doctrine in the relationship to the categories of Omission, Guilt, Guarantor Position and Permitted Risk is broad and is based on scientific-doctrinal advances of the Normative Conception of Guilt comprised between 1995 and 2022. To establish useful criteria and conclusions, the discussion focuses on defining what is considered “guilty” in the context of Medical Law, highlighting the importance of elements such as the objective duty, the harmful result and the analysis of the concomitant circumstances, emphasizing the importance of considering the context and development of the facts in cases of omissive conduct in medicine and not only the result. In relation to omissions in criminal law, a distinction is made between proper and improper and finally, it concludes by suggesting the modification of article 146 of the Organic Integral Criminal Code to guarantee due process and a effective judicial protection in matters related to health in Ecuador, specifically with regard to causality in cases of omissive conduct. (shrink)

The agents of a jury have to decide between a good and a bad option through simple majority voting. In this paper the jury consists of N independent couples. Each couple consists of two correlated agents of the same competence level. Different couples may have different competence levels. In addition, each agent is assumed to be better than completely random guessing. We prove tight lower and upper bounds for the quality of the majority decision. The lower bound is the same (...) as the competence of majority voting of N independent agents. The upper bound cases for negatively correlated couples can be much better than the value for 2N\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$2 \, N$$\end{document} independent agents. (shrink)

This paper addresses the question of whether or not Epicurus was a psychological hedonist. Did he, that is, hold that all human action, as a matter of fact, has pleasure as its goal? Or was he just an ethical hedonist, asserting merely that pleasure ought to be the goal of human action? I discuss a recent forceful attempt by John Cooper to answer the latter question in the affirmative, and argue that he fails to make his case. There is considerable (...) evidence in favour of a psychological reading of Epicurean hedonism, evidence that includes some of the very texts that Cooper cites in support of the ethical reading. (shrink)

Questions concerning the role of doctors, abortion, mercy killings and genetics are troubling and highly problematic. They require a thorough examination and careful probing. This volume takes a step towards tackling them. Its design is both interdisciplinary and comparative, offerin g philosophical, legal and medical perspectives of scholars from North America, Europe and Israel who analyze how their respective countries try to cope with and find answers for pressing concerns.

Mill's Utilitarianism is widely used to introduce elementary students to Moral Philosophy. One reason for this, I trust, is a recognition that Mill's doctrines and interests have an immediate attraction for most people. But certainly another reason is the belief that Mill's arguments contain a number of obvious fallacies, which an elementary student can be led to detect, thereby learning to practise critical philosophy.

Developments in the sequencing of whole genomes and in simultaneously surveying many thousands of transcription and translation products of specific cells have ushered in a conceptual revolution in genetics that rationally introduces top-down, holistic analyses. This emphasized the futility of attempts to reduce genes to structurally discrete entities along the genome, and the need to return to Johannsen's definition of a gene as 'something' that refers to an invariant entity of inheritance and development. We may view genes either as generic (...) terms for units of inheritance whose referents are pragmatic ad hoc and context-dependent, or as (epistemologically) representing entities of cell functions. It is cellular functions that determine the structural referents along the DNA. Structures that happened to secure specific functions that were essential for or conducive to the survival of cells were selected for. With natural selection being the etiological background of genes as functions, genes obtain again their theoretical role as intervening variables, abstractive variables that purely 'summarize' characters. The importance of DNA sequences is that of all possible phenotypes these are the most basic ones from which we can read off the genotype directly. (shrink)

Background Most jurisdictions that allow euthanasia and assisted suicide (AS) regulate it through the medical profession. However, the extent and nature of how medicine should be involved are debated. Swiss AS practice is unusual in that it is managed by lay AS organizations that rely on a law that permits AS when done for nonselfish reasons. Physicians are not mentioned in the law but are usually called upon to prescribe the lethal medications and perform capacity evaluations.Methods We analyzed in-depth interviews (...) of 23 Swiss AS experts including ethicists, lawyers, medical practitioners, and senior officials of AS organizations for their views on AS.Results Although there was agreement on some issues (e.g., need for better end-of-life care), the interviewees’ preferred model for AS, and the nature of preferred medical involvement, varied, which we categorized into five types: preference for AS practice as it occurred prior to lay AS organizations; preference for the current lay model; preference for a modified lay model to increase autonomy protections while limiting medical AS normalization; preference for various types of more medicalized models of AS; and, ambivalence about any specific model of medical involvement. The rationales given for each type of model reflected varying opinions on how medicine’s role would likely impact AS practice and demonstrated the experts’ attitudes toward those impacts.Conclusion The dynamics within the Swiss AS regime, as reflected in the varying views of Swiss AS experts, shed light on the dilemmas inherent to medical scope and involvement in AS, which may have implications for debates in other jurisdictions. (shrink)

Abstract:The goal of this article is to examine some differences between two types of incompatibilism, concerning, on the one hand, incompatibilism about free will and past causes, and, on the other, incompatibilism concerning free will and past divine beliefs or past truths about future actions. On standard conceptions, determinism comes relatively cheap. On van Inwagen's explication, all that is required is that truths about our actions are implied by appropriate descriptions of the past and the laws. Here, the author proposes (...) a more robust notion of determinism and explore some of its consequences for the free will debate. (shrink)

This article examines how Jesuit Gabriele Beati taught the subject of sunspots in two textbooks commemorating his teaching of natural philosophy and mathematics at the Collegio Romano. Whereas Beati defended the incorruptibility of the heavens in his natural philosophical course, he argued that sunspots were located on the face of the sun itself and generated and corrupted like terrestrial clouds in his mathematical one. While it may be tempting to attribute these different presentations to censorship practices within the Jesuit Order, (...) they are best understood as the result of disciplinary distinctions and scholarly practices shared widely by scholars across Europe. (shrink)

This contribution examines the role of diagrams in early modern pedagogy. It begins with an analysis of images from the 1632 Dialogo and 1638 Discorsi. I claim that Galileo often employed images in a pedagogical context, illustrating to readers through his dialogue how he may have used images in his own teaching. Building on the work of previous historians, I argue that a classification of Galileo’s images should include not only heuristic images and images used for virtual witnessing, but also (...) pedagogical images designed to illustrate to the reader (or student) how to reach conclusions about a given question. I then turn to the way Galileo’s readers at the University of Pisa employed Galileo’s images in their own teaching. I argue that Galileo’s readers employed his images in their own works in ways which reflected their training and the genre in which they wrote and taught. (shrink)

Les œuvres musicales et les sons semblent devoir résister aux tentatives faites pour leur attribuer un sens stable et clairement défini. Historiquement, le flou sémantique qui les caractérise a toujours compliqué la tâche de ceux qui se sont efforcés de leur attribuer une « valeur » esthétique, par exemple au sein d’une hiérarchie des genres. Il s’agit toujours d’endiguer leur dangereux excès asymbolique en les déchiffrant, en leur imposant symboles et prédicats. Le présent essai propose une analyse d’ Un re (...) in ascolto [ Un roi à l’écoute ] d’Italo Calvino (1976), redéfinissant à nouveaux frais la notion de souveraineté afin de mieux comprendre la nature d’une telle stratégie herméneutique, et les raisons de son échec. Le souverain tel que nous le décrit Calvino est-il en mesure de conférer un sens à la musique et au chant en les intégrant au sein d’un système sémantique clos? Ou l’expérience musicale doit-elle au contraire être décrite comme fondamentalement incompatible avec une telle herméneutique totalisante, appelant une analyse fondée sur une vision pluraliste, horizontale, et non-hiérarchique des relations entre les différents modes d’expression artistique? (shrink)

Dans le cadre de ses activités, l’Institut de Recherches Sociologiques et Anthropologiques de l’université Paul-Valéry a organisé un séminaire sur les temporalités sociales qui s’est tenu le 21 avril 2016, à Montpellier.Voici le compte rendu de cette journée. Comme le rappelle Jean-Bruno Renard dans sa présentation, l’IRSA est l’un des laboratoires partenaires de Temporalités. Cette équipe soutient en effet la revue depuis l’origine, poursuivant ainsi ce qu’elle avait déjà fait dans les année...

SummaryA heretofore overlooked response to Galileo's 1638 Discorsi is described by examining two extant copies of the text which are heavily annotated. It is first demonstrated that these copies contain annotations made by Seth Ward and Sir Christopher Wren. This article then examines one feature of Ward's and Wren's responses to the Discorsi, namely their decision to re-write several of Galileo's geometrical demonstrations into the language of symbolic algebra. It is argued that this type of active reading of period mathematical (...) texts may have been part of the regular scholarly and pedagogical practices of early modern British mathematicians like Ward and Wren. A set of Appendices contains a transcription and translation of the analytical solutions found in these annotated copies. (shrink)

Galileo’s 1638 Two New Sciences, a canonical text of early modern science, is analyzed as a window into period practices of mixed-mathematical reading. Galileo’s depiction of reading reflects common scholarly practices, including those of summarizing, commenting, repeated study, and an interest in mathematical diagrams. With this text, Galileo also attempted to shape his readers’ practices, inciting them to approach topical-based reading strategies with care and to use experiment and experience to validate the written word. It is suggested that the concern (...) with reading practices exhibited in the text derived from circumstances surrounding Galileo’s 1633 condemnation. (shrink)

The main purpose of this paper (1) is to draw attention to a gap between the principles of Common Law and the principles accepted by many leading medical practitioners on the ethics of allowing severely handicapped infants to die. The Common Law principles are shown in Court of Appeal judgements on two cases. The contrasting principles of many paediatricians were illustrated at the trial of Dr Leonard Arthur. The paper suggests that the gap could be closed by statutory guidance on (...) general principles. It also argues that utilitarian concepts misrepresent the ethical issues of medical dilemmas like this one. (shrink)

This article retrieves the contribution of a nineteenth-century proto-feminist activist for the history of the womanspirit movement. But that is not its primary purpose. Above all, the article asks a methodological question: namely, how post-Christian spiritual feminists might claim recent foremothers when most women of spirit have, until the early 1970s, been inspired by Christian patriarchal theology. I argue that Hopkins's direct action can be read as exemplifying female sacrality in action. Her 'rescue' of sexually abused women has, I conclude, (...) a mythical and sacerdotal element that both subverts and transcends its patriarchal context. (shrink)

Everybody supports freedom—even authoritarians, though what they call freedom looks suspiciously like bondage. Rousseau begins The Social Contract with a flourish: ‘Man is born free, and everywhere he is in chains.’ He ends up by trying to persuade us that the chains, the restraints of law and organized society, are necessary for true freedom. He wants us to believe that true freedom, the freedom essential for human existence, is not the happy-go-lucky freedom of Liberty Hall, do as you like, but (...) the straight and narrow path of duty, of conformity to law. The universal popularity of the idea of freedom does not mean that everybody is really agreed about it. Plato, Rousseau, Hegel and his followers—they all talk of a true or genuine freedom, but they oppose this to Liberty Hall, to doing as you please. (shrink)