One of the most important pieces of evidence which we possess concerning the judicial rights of Roman provincials, particularly their status in relation to the governor's tribunal, is provided by Cicero's brief outline of those provisions of the lex Rupilia, the Sicilian provincial charter, which dealt with judicial administration. The passage reads as follows: Siculi hoc iure sunt ut, quod civis cum cive agat, domi certet suis legibus, quod Siculus cum Siculo non eiusdem civitatis, ut de eo praetor iudices ex (...) P. Rupili decreto, quod is de decem legatorum sententia statuit, quam legem Rupiliam vocant, sortiatur. Quod privatus a populo petit ant populus a privato, senatus ex aliqua civitate qui iudicet datur, cum alternae civitates reiectae sunt; quod civis Romanus a Siculo petit, Siculus index, quod Siculus a civi Romano, civis Romanus datur; ceterarum rerum selecti iudices ex conventu civium Romanorum nr000ni solent. (shrink)

The disclosure of information that identifies deceased organ donors and/or organ transplant recipients by organ donation agencies and transplant centres is regulated in Australia by state and territory legislation, yet a significant number of donor family members and transplant recipients independently establish contact with each other. To describe and synthesize Australian laws and guidelines on the disclosure of identifying information. Legislation and guidelines relevant to organ donation and transplantation were obtained following a search of government and DonateLife network websites. Information (...) about the regulation of identity disclosure was extracted and synthesised using a process guided by Walt and Gilson’s (1994) policy analysis framework. Nineteen documents were examined. Six guidelines refer to and were consistent with current legislation. Four documents did not address identity disclosure. All jurisdictions prohibit healthcare professionals from disclosing identifying information. In three states, the prohibition extends to all members of the public including donor family members and transplant recipients. Restrictions on identity disclosure have implications for public promotion of donation and transplantation where sharing of stories and images of organ donors and transplant recipients is common. Further research is required to understand the perspective of donor family members, transplant recipients, and healthcare professionals impacted by the current laws. (shrink)

Paul Marshall takes extrovertive mystical experience seriously by providing a metaphysical framework inspired by Plotinus and Leibniz that aims to interpret it non-reductively and to explain it persuasively. However praiseworthy Marshall's intentions, his account fails for a variety of reasons, among them an inability to establish convincingly why natural objects appear as transfigured and alive, characteristics frequently encountered in the reports of nature mystics. An alternative approach, rooted in contemporary pan-experientialist philosophy of mind, is able to take extrovertive mysticism equally (...) seriously while accounting more successfully for its pre-eminent features at a less extravagant metaphysical cost. (shrink)

In a 2020 article published in volume 9, number 1 of [Filosofia Theoretica]_, _Martin F. Asiegbu and Anthony Chinaemerem Ajah questioned the continued relevance of Afro-communalism. They argued that nothing about communalism makes it African. They also demonstrated how the brand of communalism presented as ‘African’, is too reductive, emphasizes conformism and therefore is against the individual and counter-productive for entire societies in Africa. For the above reasons, they summed that communalism with ‘Afro-’ is irrelevant and needs to end. In (...) a 2021 article published in the same journal in response to the initial submission by Asiegbu and Ajah, Enweh held that their take on Afro-communalism was too harsh. He marshalled out five “issues and difficulties” regarding their critique of the concept. Although Enweh’s critique is a worthwhile invitation to a conversation, which clarifies and complements, his proposal for an interpretative rehabilitation of Afro-communalism in the 21 st century is surely wrongheaded. To respond to Enweh, a review of his critique of Asiegbu and Ajah will foreground the attempt to clarify some parts of Asiegbu and Ajah’s initial position. We will assess Enweh’s arguments in terms of the relevance of the rehabilitation he suggested and question the meaning of what Enweh termed the “amity of ethnic nationalities.” We will argue that Enweh was unable to provide sufficient grounds to show that Asiegbu and Ajah’s critique of Afro-communalism was “uninformed… [and] harsh.” We will also demonstrate that his critique of their views was indefensible just as he was unable to explain what he meant by the alternative model he claimed to introduce in the discussion. (shrink)

Books Reviewed in this Article: Beyond Ideology: Religion and the Future of Western Civilization. By Ninian Smart. Pp.350, London, Collins, 1981, £9.95. Neophtonism and Indian Thought. Edited by R. Baine Harris. Pp.xiii, 353, Albany, State University of New York Press, 1982, $39.00, $12.95. Monotheism: A Philosophic Inquiry into the Foundations of Theology and Ethics. By Lenn Evan Goodman. Pp.122, Totowa, Allenheld, Osmun, 1981, $13.50. Neoplatonism and Christian Thought. Edited by Dominic J. O'Meara. Pp. xviii, 297, Albany, State University of New (...) York Press, 1981, $39.00, $12.95. The Path to Transcendence: From Philosophy to Mysticism in Saint Augustine. By Paul Henry, introduction and translation by Francis F. Burch. pp.xxix, 120, Pittsburgh, The Pickwick Press, 1981, $10.95. The Adequacy of Christian Ethics. By Brian Hebblethwaite. Pp. 144, London, Marshall, Morgan & Scott, 1981, £5.95. Ethics. By Wolfhart Pannenberg. Pp. 220, Philadelphia, The Westminster Press, 1981, $10.95. Human Nature, Election, and History. By Wolfhart Pannenberg. Pp. 116, Philadelphia, The Westminster Press, 1982, £2.95. Ethics, Religion and Politics. By G.E.M. Anscombe. Pp.ix, 161, Oxford, Basil Blackwell, 1981, £12.00. Moral Thinking: its Levels, Method and Point. By R.M. Hare. Pp.viii, 242, Oxford University Press, 1982, £11.00, £3.95. Utilitarianism and Beyond. Edited by Amartya Sen and Bernard Williams. Pp.vii, 290. £7.50. Cambridge University Press, 1982, £20.00. Language and Political Understanding. By Michael J. Shapiro. Pp.253, New Haven, Yale University Press, 1981, £18.20. Marx's Politics. By Allan Gilbert. Pp.xv, 326, Oxford, Martin Robertson, 1981, £16.50. Feuerbach. By Marx W. Wartofsky. Pp.xx, 460, Cambridge University Press, 1977, £30.00, £9.95. Nietzsche, Vol. 1: The Will to Power as Art. By Martin Heidegger, translated with notes and an analysis by D.F. Krell. Pp.xvi, 263, London, Routledge and Kegan Paul, 1981, £11.50. Freedom and Karl Jaspers's Philosophy. By Elizabeth Young‐Bruehl. Pp.xiv, 233, New Haven & London, Yale University Press, 1981, £14.00. ‘Being and Meaning’: Paul Tillich's Theory of Meaning, Truth and Logic. By I.E. Thompson. Pp.x, 244, Edinburgh University Press, 1981, £15.00. The Rationality of Science. By W.H. Newton‐Smith. Pp.xii, 294, London, Routledge and Kegan Paul, 1981, £9.95, £5.95. Realism and the Progress of Science. By Peter Smith. Pp.viii, 135, Cambridge University Press, 1981, £12.50. Angels and principalities. By Wesley Carr. Pp.xii, 242, Cambridge University Press, 1981, £13.50. Rconciliation: A Study of Paul's Theology. By Ralph P. Martin. Pp.233, London, Marshall, Morgan and Scott, 1981, £8.95. Suffering and Martyrdom in the New Testament. Edited by William Horbury and Brian McNeil. Pp.xxi, 217, Cambridge University Press, 1981, £17.50. Constantine and Eusebius. By Timothy D. Barnes. Pp.viii, 458, Cambridge, Harvard University Press, 1981, £24.50. Songs of Glory: the Romanesque Façades of Aquitaine. By Linda Seidel. Pp.x, 220, figs.63, Chicago and London, University of Chicago Press. 1981, £17.50. Marsilio Ficino and the Phaedran Charioteer. Translated and edited by Michael J.B. Allen. Pp.x, 274, Berkeley‐Los Angeles, University of California Press, 1981, £18.50. The Letters of Marsilio Ficino, Volume 3. Pp.xiv, 162, London, Shepheard‐Walwyn, 1981, £8.00. The World of the Renaissance Jew: The Life and Thought of Abraham ben Mordecai Farissol. By David B. Ruderman. Pp.xvii, 265, Cincinatti, Hebrew Union College Press, 1981, $20.00. A Dialogue Concerning Heresies. Edited by T.M.C. Lawier, G. Marc'hadour and R.C. Marius. Pp.xiv, 888, New Haven, Yale University Press, 1981, £56.00. Canterbury and Rome, Sister Churches: A Roman Catholic Monk reflects upon Reunion in Diversity. By Robert Hale. Pp.xi, 188, London, Darton, Longman and Todd, 1982, £5.95. Rome and Canterbury through Four Centuries: A Study of the Relations between the Church of Rome and the Anglican Churches 1530–1981. By Bernard and Margaret Pawley. Pp.xi, 387, London and Oxford, Mowbray, 1981, £4.95. American Indians and Christian Missions. By H.W. Bowden. Pp.xix, 255, Chicago, University of Chicago Press, 1981, £10.50. Catholics in Western Democracies: A Study in Political Behaviour. By John H. Whyte. Pp.193, Dublin, Gill and Macmillan. 1981, £13.00. Päpstliche Unfehlbarkeit bei Newman und Döllinger: Ein historisch‐systema‐tischer Vergleich. By Wolfgang Klausnitzer. Pp.280, Innsbruck, Tyrolia Verlag, 1980, 54 DM. The Letters of Baron Friedrich von Hügel and Professor Norman Kemp Smith. Edited by Lawrence F. Barmann. Pp.353, New York, Fordham University Press, 1981, no price given. Merton: A Biography. By Monica Furlong. Pp.xx, 342, London, Collins, 1980, £6.95. The Autonomy of Religious Belief: A Critical Inquiry. Edited by Frederick J. Crosson. Pp.vii, 162, Notre Dame, University of Notre Dame Press, 1981, £8.95. The Theological Imagination: Constructing the Concept of God. By Gordon D. Kaufman. Pp.309. Philadelphia, The Westminster Press, 1981, $13.95. Spirits of Power: An Analysis of Shona Cosmology. By Hubert Bucher. Pp.231, Capetown, Oxford University Press, 1980, £8.75. Judaism: The Evidence of the Mishnah. By Jacob Neusner. Pp.xix, 419, Chicago, University of Chicago Press, 1981, £17.50. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes and Fragments THE GENEALOGY OF PRAGMATISM by Anthony J. Cascardi At SEVERAL POINTS in Philosophy and the Minor ofNature (1979) and in.the essays collected as Consequences of Pragmatism (1982), Richard Rorty mentions John Dewey as one of a group of "edifying" philosophers whose tutelary presence and audiority are invoked in the project which he elsewhere describes as die "circumvention" of Western metaphysics.1 Dewey joins the ranks of his (...) fellow American pragmatiste James and Peirce as well as those of two odier rather disparate groups: on die one hand, those philosophers like Davidson, Sellars, and Quine, who demonstrate from within diat analytical philosophy eventually transcends and cancels itself; and on the other, those "continental" philosophers like Foucault, Gadamer, and Derrida, who comfortably accept the image of philosophy as a subgenre of "literature" or "writing," a discourse with no privileged insights into the nature of rationality or claims to truth. Rorty's own project is a blend of all diree. Widi James he claims that truth is simply "what is good in die way of belief," not the proper or even fruitful object of theoretical speculation ("truth is not the sort of thing one should expect to have a philosophically interesting dieory about.... Pragmatiste think that the history of attempts to isolate the True or the Good, or to define die word 'true' or 'good,' supports their suspicion that there is no interesting work to be done in this area.... The history of attempts to do so, and of criticisms of such attempts, is roughly coextensive wim the history of that literary genre we call 'philosophy' — a genre founded by Plato," Consequences ofPragmatism, pp. xiii-xiv). Yet he shares widi Davidson, Sellars, and Quine the will to demonstrate the limits of analytical phdosophy while framing his own propositions in the language ofanalysis. 295 296Philosophy and Literature Foucault and Derrida in their turn complete the image of life in a "postphilosophical " culture, where the designation of "post" indicates a final refusal to regard pragmatism as yet another metanarrative ofthe history of philosophy. In this case, die historicist part of the Hegelian teaching, which is dieir common inheritance, the assimilation of logic to history, is accepted, while the assimilation of history to logic, which completes the Hegelian syndiesis, is rejected on account of its totalizing designs and its reliance on die notion of Absolute Spirit. So seen, the genealogy of pragmatism is of considerably broader scope than die initial intentions of Philosophy and the Mirror of Nature would suggest. In diat book, Rorty claimed to be marshalling the various forces named above not so much in response to Platonism as in reply to a single episode in the history of philosophy — viz., that which begins in Descartes and receives its fullest expression in Kant, and considers truth as a matter of the accurate correspondence of ideas held inforo intemo to objects in the external world, and accordingly regards die world as a representation of the mind. Heidegger articulated a similar complaint when he spoke of the Cartesian age as that in which die world was first determined as a "picture" ("Die Zeit des Weltbildes") and noted diat from this time forward epistemology was determined as "first philosophy": "a dieory ofknowledge had to be erected before a theory of the world."2 Pragmatism is on mis more limited view primarily a response to the conditions of a technological age and to the conception ofreason as mathematical representation which sustains modern science. Thus Rorty should well be surprised at Dewey's claim to have applied a scientific and empirical method in die study of metaphysics, whose proper objects consist, in Dewey's description, of"die large and constant features of human sufferings, enjoyments, trials, failures, and successes together with the institutions of art, science, technology, politics, and religion,"3 for to have done so would have been to have countered the Cartesian division between science on the one hand and qualities and values ("experience") on die other. Instead, Rorty imputes a different claim to Experience and Nature and sees it as a way-station on the pam toward that hypothetical book called Nature and Culture, in which die idea of an empirical method... (shrink)

"Under Magee's sensitive guidance a remarkably coherent interpretation of this period emerges."--Marshall Cohen, Listener. "The whole book has a marvellous air of casualness and clarity that makes it a delight to read."--Colin Wilson. Contemporary British philosophy is experiencing unprecedented openness to influences from abroad. New growth is evident in many areas of traditional philosophy which had been neglected by the logical positivists and the linguistic analysts. This sense of freedom permeates Magee's volume of conversations with leading British philosophers. Under Magee's (...) direction, the philosophers discuss other influential thinkers, such as Wittgenstein, Russell, Moore, and Austin, as well as ideas of universal interest, such as morality, art, religion, and social theory. As an introduction to contemporary British philosophy, a unique collection of candid commentaries by important thinkers, and study of fresh ideas, Modern British Philosophy is consistently lively and authoritative. (shrink)

This paper examines the function of Hume’s use of a peculiar example from A Treatise of Human Nature. The example in question is that of a burning piece of coal that is whirled around at a sufficient speed to present to a viewer an image of a circle of fire. The example is a common one; and Hume himself points to Locke as his source in this case. Hume’s reference appears accurate since both Locke and Hume seem to marshal (...) the example in order to bolster a case for an upper and lower temporal threshold for perception. But several philosophical problems inherent in Hume’s appeal to the example make the case for Locke as Hume’s sole or even primary source difficult to sustain. The paper sketches a history of uses of the example from the seventeenth century through the twentieth century. An argument is presented that Pierre Bayle’s use of the example is most in accord with Hume’s, and that for this and other reasons, Bayle is his likeliest source. Further, making sense in this way of Hume’s use of the burning coal example illuminates Hume’s interesting contributions to the notions of time, identity, and individuation. (shrink)

This paper examines the function of Hume’s use of a peculiar example from A Treatise of Human Nature. The example in question is that of a burning piece of coal that is whirled around at a sufficient speed to present to a viewer an image of a circle of fire. The example is a common one; and Hume himself points to Locke as his source in this case. Hume’s reference appears accurate since both Locke and Hume seem to marshal (...) the example in order to bolster a case for an upper and lower temporal threshold for perception. But several philosophical problems inherent in Hume’s appeal to the example make the case for Locke as Hume’s sole or even primary source difficult to sustain. The paper sketches a history of uses of the example from the seventeenth century through the twentieth century. An argument is presented that Pierre Bayle’s use of the example is most in accord with Hume’s, and that for this and other reasons, Bayle is his likeliest source. Further, making sense in this way of Hume’s use of the burning coal example illuminates Hume’s interesting contributions to the notions of time, identity, and individuation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dante’s Vision and the Circle of KnowledgeAnthony RodaDante’s Vision and the Circle of Knowledge, by Giuseppe Mazzotta; 328 pp. Princeton: Princeton University Press, 1993, $37.50.Future students of Dante, The Divine Comedy, literature, criticism, the history of ideas, theology, philosophy, and many other disciplines will be in permanent debt to Giuseppe Mazzotta for his keen study of Dante’s Vision and the Circle of Knowledge. While tracing the principal streams (...) of Western thought which irrigate Dante’s fertile genius, Mazzotta reconstructs the intellectual topography of Dante’s Europe and show how “l’altissimo poeta” reorders and refines it and arrives at a radical reformulation of the foundation of knowledge in contrast to the standard philosophical and theological currents of the times. This new vision of the foundation of knowledge is the central concern of The Divine Comedy which for Mazzotta provides a world view no less monumental than the synthesis of the classical and Judeo-Christian traditions of Thomas Aquinas. Perhaps, more so, for he argues Dante’s great epic provides not only an alternative epistemology but one which captures much more adequately the human historical experience.Vico’s insights, a thorough familiarity of Dante’s sources and his alert appreciation of the unique treatment these sources receive in the context of “la commedia divina” supply Mazzotta with a theoretical framework for his own brilliant critical, historical, and etymological analyses. He marshals these researches around his overriding concern to show that inherent within the Comedy is the view of “poetry as nothing less than the foundation of all possible knowledge” (p. 3). Dante’s radical claim is designed to provide an account which accords with the educational and intellectual development of the individual within history. Consequently for Mazzotta, Dante’s poetic (metaphorical) mode attempts to reconcile what must have been an intellectual and moral landscape of hopeless contradictory systems and projects. Dante’s poem [End Page 194] provides a vivid survey of the breakdown of human bonds, human projects, and human justice and suggests a corrective that escaped the methods of reason, as well as those of the mystic’s. Since both of these are at bottom antihistorical, they attempted to deny conflict and uncertainty (Dewey’s ultimate traits of experience).The above comments should suggest both the general appeal as well as, and I must emphasize, the high level of scholarship Mazzotta exhibits in his project which is arranged into three parts. The first part (Chapter 1–5) is devoted to “poetry and the arts of language,” and a quick glance at these chapters reveals that it is concerned with that part of the liberal arts called the trivium (grammar, rhetoric, and dialectic). In addition to their educational role, the author examines the role and intricate connections these disciplines have to the central social structures of the times. Consequently, these are not mere sterile academic exercises but serious attempts that show the intimate connections between methods of knowing (discourses) and social structures, especially authority in all of its modes (moral, intellectual, political, etc.). Further, by virtue of this, he shows the need for a reexamination of knowledge which does justice to the lived experiences of the individual and to which the second part (Chapters 6–8) is devoted. Briefly, this means coming to terms with language, memory, imagination, dreams and visions, and that great nightmare, human history. It also invokes the aesthetic (poetic/metaphorical) foundations of all knowledge in contrast to the Cartesian dismissal. The claim, however, enlightening for the Comedy, is controversial as a general tenet and demands will be forthcoming for an evaluation, even though there is much good work in philosophy which lends support to it, e.g., Stephen Pepper’s World Hypotheses, R. G. Collingwood’s The Principles of Art, and Lewis E. Hahn’s A Contextualistic Theory of Perception, etc.In the last part (Chapters 9–11) Mazzotta argues that Dante’s final organizing vision figures the world sub specie ludi. These chapters examine the problems and experiences of order, transgression and exile which for Mazzotta demand a Theologia Ludens whose roots are imbedded deep in Aristotle’s Ethics and expressed by the virtue of eutrapelia, “a... (shrink)

In a vigorously argued passage of the oration Pro L. Flacco, Cicero defends his client L. Valerius Flaccus against the charge that he had acted improperly during his governorship of Asia three years previously in claiming as heres legitimus the estate of one Valeria, wife of Sextilius Andro, who had died intestate in the province. This section of the speech involves Cicero in a brief display of his knowledge of the civil law concerning tutela, the forms of acquiring manus in (...) marriage by usus and coemptio and inheritance ah intestate, and it is described by the scholiast as ‘negotialis quaestiuncula’. The passage is regularly cited in the handbooks to illustrate those features of the civil law which Cicero treats, but the Valeria in question is otherwise wholly obscure. (shrink)

According to simulation or shared-substrates models of emotion recognition, our ability to recognize the emotions expressed by other individuals relies, at least in part, on processes that internally simulate the same emotional state in ourselves. The term “emotional expressions” is nearly synonymous, in many people's minds, with facial expressions of emotion. However, vocal prosody and whole-body cues also convey emotional information. What is the relationship between these various channels of emotional communication? We first briefly review simulation models of emotion recognition, (...) and then discuss neuroscientific evidence related to these models, including studies using facial expressions, whole-body cues, and vocal prosody. We conclude by discussing these data in the context of simulation and shared-substrates models of emotion recognition. (shrink)

Moral distress has been widely reviewed across many care contexts and among a range of disciplines. Interest in this area has produced a plethora of studies, commentary and critique. An overview of the literature around moral distress reveals a commonality about factors contributing to moral distress, the attendant outcomes of this distress and a core set of interventions recommended to address these. Interventions at both personal and organizational levels have been proposed. The relevance of this overview resides in the implications (...) moral distress has on the nurse and the nursing workforce: particularly in regard to quality of care, diminished workplace satisfaction and physical health of staff and increased problems with staff retention. (shrink)

Very few thinkers have traveled the heretical path that François Laruelle walks between philosophy and non-philosophy. For Laruelle, the future of philosophy is problematic, but a mutation of its functions is possible. Up until now, philosophy has merely been a utopia concerned with the past and only provided the services of its conservation. We must introduce a rigorous and nonimaginary practice of a utopia in action, a philo-fiction—a close relative to science fiction. From here we can see the double meaning (...) of the watchword, a tabula rasa of the future. This new destination is imposed by a specifically human messianism, an eschatology within the limits of the Man-in-person as antihumanist ultimatum addressed to the History of Philosophy. This book elucidates some of the fundamental problems of non-philosophy and takes on its detractors. (shrink)

The insight a patient shares into their own psychosis is fundamental to their condition - it goes to the heart of what we understand 'madness' to be. Can a person be expected to accept treatment for a condition that they deny they have? Can a person be held responsible for their actions if those actions are inspired by their own unique perceptions and beliefs - beliefs that no-one else shares? The topic of insight in schizophrenia and related disorders has become (...) a major focus of research in psychiatry and psychology. It has important clinical implications in terms of outcome, treatment adherence, competence, and forensic issues. In order to study 'insight' a broad perspective is required. This involves applying knowledge from the cognitive and brain sciences, as well as from philosophy and the social sciences. Insight and Psychosis comprises a series of in-depth, well-referenced, scholarly overviews from each of these perspectives with a strong empirical foundation - including in some cases the presentation of new data and meta-analysis of the published literature. These are integrated and synthesised by the editors, both acknowledged experts in the field. The scope is truly international and spans theoretical perspectives, clinical practice, and consumer views. The book will act as a source for students and researchers interested in pursuing any number of questions and controversies around lack of insight and awareness, and will guide clinical psychologists and psychiatrists who seek a broader view of the many facets of insight that might arise during their day-to-day work. (shrink)

The recent Minnesota case of In re Emergency Guardianship of Albert Barnes illustrates an emerging class of cases where a dispute between a family proxy and a hospital over “medical futility” requires legal resolution. The case was further complicated by the patient’s spouse who fraudulently claimed to be the patient’s designated health care proxy and who misrepresented the patient’s previously expressed treatment preferences. Barnes demonstrates the degree of significant administrative and institutional support to the health care team, ethics consultants, and (...) futility committees that is required when a futility dispute escalates to the need for judicial resolution. An institutional futility policy, especially one that is endorsed by other regional medical centers and organizations, is an important foundation for a hospital that seeks judicial support in a dispute over medical futility in end of life care. (shrink)

Futility disputes are increasing and courts are slowly abandoning their historical reluctance to engage these contentious issues, particularly when confronted with inappropriate surrogate demands for aggressive treatment. Use of the judicial system to resolve futility disputes inevitably brings media attention and requires clinicians, hospitals, and families to debate these deep moral conflicts in the public eye. A recent case in Minnesota, In re Emergency Guardianship of Albert Barnes, explores this emerging trend and the complex responsibilities of clinicians and hospital administrators (...) seeking to replace an unfaithful surrogate demanding aggressive therapy. Use of the courts requires the coordinated commitment of significant institutional resources, management of intense media scrutiny and individual and organizational courage to enter the unpredictable world of litigation. Given the dearth of legislative guidance on medical futility, individual clinicians and institutions will continue to bear the difficult responsibility for resolution of individual futility disputes. The Barnes case illustrates how one institution successfully used the judicial system to replace an unfaithful surrogate, cease the provision of inappropriate aggressive care, and stimulate a community dialogue about appropriate care at the end of life. (shrink)

Acceptance of elderly or marginal health individuals as kidney donors is debated, with practices varying between centres. Transplant recipients, live kidney donors and health-care professionals caring for patients with renal failure were surveyed regarding their views on live donor kidney transplantation (LDKT) of marginal health (diabetes, hypertension, atherosclerosis, obesity, etc.) and elderly donors. Participants were recruited within a tertiary renal and transplant centre and invited to participate in focus groups and structured interviews. They also completed an anonymous questionnaire. Of 464 (...) participants who completed the questionnaire (36% health-care professionals and 64% patients), 49% and 64%, respectively, stated that marginal and elderly donors should be accepted for LDKT. In the structured interviews, emphasis was given to presenting to donor, recipient and their respective families a calculated risk regarding the effect that either a nephrectomy or transplant has on long-term quality of life. Participants stated that an independent third party in addition to the transplant team should discuss involved risks. Issues of ‘how desperate’ the recipient's situation is should also be considered. Health-care professionals stated that regardless of the strength of will of an individual to donate a kidney (despite age, health problems or personal risk), they should always have the right to say ‘no’ if performing a specific LDKT was against their professional and ethical values. About half of those surveyed considered that marginal health and elderly donors were acceptable for LDKT. Emphasis was given to the explanation to donors and recipients of the risks involved in such transplantation. (shrink)

Counterfactuals are typically thought--given the force of Sobel sequences--to be variably strict conditionals. I go the other way. Sobel sequences and (what I call) Hegel sequences push us to a strict conditional analysis of counterfactuals: counterfactuals amount to some necessity modal scoped over a plain material conditional, just which modal being a function of context. To make this worth saying I need to say just how counterfactuals and context interact. No easy feat, but I have something to say on the (...) matter. (shrink)

What we want to be true about ordinary indicative conditionals seems to be more than we can possibly get: there just seems to be no good way to assign truth-conditions to ordinary indicative conditionals. Some take this argument as reason to make our wantings more modest. Others take it to show that indicative conditionals don't have truth-conditions in the first place. But we have overlooked two possibilities for assigning truth-conditions to indicatives. What's more, those possibilities deliver what we want and (...) turn out to be equivalent. CiteULike Connotea Del.icio.us Digg Reddit Technorati What's this? (shrink)

Moore's paradox pits our intuitions about semantic oddnessagainst the concept of truth-functional consistency. Most solutions tothe problem proceed by explaining away our intuitions. But``consistency'' is a theory-laden concept, having different contours indifferent semantic theories. Truth-functional consistency is appropriateonly if the semantic theory we are using identifies meaning withtruth-conditions. I argue that such a framework is not appropriate whenit comes to analzying epistemic modality. I show that a theory whichaccounts for a wide variety of semantic data about epistemic modals(Update Semantics) buys (...) us a solution to Moore's paradox as a corollary.It turns out that Moorean propositions, when looked at through the lenseof an appropriate semantic theory, are inconsistent after all. (shrink)

This paper has three main goals. First, to motivate a puzzle about how ignorance-expressing terms like maybe and if interact: they iterate, and when they do they exhibit scopelessness. Second, to argue that there is an ambiguity in our theoretical toolbox, and that exposing that opens the door to a solution to the puzzle. And third, to explore the reach of that solution. Along the way, the paper highlights a number of pleasing properties of two elegant semantic theories, explores some (...) meta-theoretic properties of dynamic notions of meaning, dips its toe into some hazardous waters, and offers characterization theorems for the space of meanings an indicative conditional can have. (shrink)

An integrated statement is made concerning the semantic status of nodes in a propositional semantic network, claiming that such nodes represent only intensions. Within the network, the only reference to extensionality is via a mechanism to assert that two intensions have the same extension in same world. This framework is employed in three application problems to illustrate the nature of its solutions.The formalism used here utilizes only assertional information and no structural, or definitional, information. This restriction corresponds to many of (...) the psychologically motivated network models. Some of the psychological implications of network processes called node merging and node splitting are discussed. Additionally, it is pointed out that both our networks and the psychologically based networks are prone to memory confusions about knowing unless augmented by domain‐specific inference processes, or by structural information. (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

It has been proposed that performance in the think – no think task represents a laboratory analogue of the voluntary form of memory repression. The central prediction of this repression hypothesis is that performance in the TNT task will be influenced by emotional characteristics of the material to be remembered. This prediction was tested in two experiments by asking participants to learn paired associates in which the first item was either emotionally positive or emotionally negative . The second word was (...) always emotionally neutral . Consistent with the repression hypothesis, significant memory suppression was observed in both experiments following ‘no think’ instructions for memories associated with emotionally negative material. No suppression was observed for memories associated with emotionally positive information. Implications of these findings for the relationship between performance in the TNT task and the controversial notion of memory repression are considered. (shrink)

A decade ago, the “new sociology of masculinity” emerged as an exciting new paradigm for understanding gender, emphasizing the study of “hegemonic power relations” among men and women. However, subsequent research has not fully redeemed the promise of the NSM, failing to seriously engage the theoretical implications of studying hegemony. This article addresses the lacunae by presenting a theoretically informed analysis of life history interviews with Chinese American men. Its chief empirical question is how Chinese American men “achieve” masculinity in (...) the face of negative stereotypes. This is accomplished, it is found, through four possible gender strategies: compensation, deflection, denial, or repudiation. The author then fashions a theoretical account of these strategies to show how they can reproduce the social order by striking a hegemonic bargain, which occurs when a Chinese American man's gender strategy involves consciously trading on—or unconsciously taking advantage of—the “privileges” of his race, gender, class, generation, and/or sexuality for the purposes of elevating his masculinity. (shrink)