This book consists of seven chapters containing multiple questions of the global socially epistemological situation in science and higher education. Despite the progress of techno-sciences, we are facing blind flaws in leading systems of knowledge and perception. The global era, in a paradox way, connects the new knowledge of economics, postpolitics, postdemocracy, and biopolitical regulation of live and unpresentable forms of the global geo-located violence. Techno-optimism and techno-dictatorship in the twenty-first century coincide with the ideology of market, biopolitics of mandatory (...) satisfaction, religious revivalism, and collapse of higher education. In order for sciences to recover, it is necessary to make a globally epistemological and moral turn toward the truth. The book shows that, when joint desires of the new economics of knowledge and technology erase epistemology (in a way to assign definitions of knowledge and rules and practices of the public usage of the mind), then the time for epistemology is on its way"--https://www.intechopen.com/books/epistemology-and-transformation-of-knowledge-in-global-age, accessed 06/07/2020. (shrink)

Departing from Levinas, this paper will address the significance of shame in contemporary discourse in order to approach what could be called its ethical intrigue. Focusing on its political, social and phenomenological implications, I intend to reconsider the experience of shame as it has been appropriated within the politics of affect and account for its relation to ethics, which alone can reveal its transformative possibilities. Shame will emerge as an affect of proximity whose basic structure of being exposed is an (...) attestation of our constitutive openness to others that towers above the politics of interest and the structures of economy that advance the drama of the Ego. (shrink)

Departing from what Levey and Sznaider (2002) in their seminal work ‘Memory Unbound’ refer to as ‘cosmopolitan memory’ that emerges as one of the fundamental forms ‘collective memories take in the age of globalization’, this article will consider the underlying ethical implications of global memory formation that have yet to be adequately theorized. Since global disseminations of local memory cultures and the implicit canonization of its traumas are intimately related to the concept of archive, I will first focus on what (...) Derrida (1996) in Archive Fever calls ‘archival violence’ and will show its inherent relation to the formation of cosmopolitan memory. Another related concept that I will use and that will problematize the transformation of living, embodied memory into archival, cultural memory upon which the formation of cosmopolitan memory depends is the witness. Using Agamben’s writing (2002) in this context that in Remnants of Auschwitz focuses on the foundational (im)possibilities of bearing witness, I will show that this transformation that determines the very possibility of cosmopolitan memory is far from unproblematic and readily accessible as Levy and Sznaider seem to assume. What will emerge as the most distinctive concern of global memory formation is the ethical material of difference as that which both makes its imperatives historically and politically exigent and that which signifies the difficulties of its unified articulation. Solidarity with the suffering of the other that mobilizes the very formation of cosmopolitan memory is also what should solicit vigilance against the universalistic ritualizations of its prerogatives. (shrink)

The notion of strictly primitive recursive realizability is further investigated, and the realizable prenex sentences, which coincide with primitive recursive truths of classical arithmetic, are characterized as precisely those provable in transfinite progressions over a fragment of intuitionistic arithmetic. The progressions are based on uniform reflection principles of bounded complexity iterated along initial segments of a primitive recursively formulated system of notations for constructive ordinals. A semiformal system closed under a primitive recursively restricted -rule is described and proved equivalent to (...) the transfinite progressions with respect to the prenex sentences. (shrink)

We study a hierarchy of Kalmàr elementary functions on integers based on a classification of LOOP programs of limited complexity, namely those in which the depth of nestings of LOOP commands does not exceed two. It is proved that -place functions in can be enumerated by a single function in , and that the resulting hierarchy of elementary predicates (i.e., functions with 0,1-values) is proper in that there are predicates that are not in . Along the way the rudimentary predicates (...) of Smullyan are classified as. (shrink)

We’re tired of trees. We should stop believing in trees, roots, and radicles. They’ve made us suffer too much [ … ] Nothing is beautiful or loving or political aside from underground stems and aeri...

An elementary theory of concatenation,QT+, is introduced and used to establish mutual interpretability of Robinson arithmetic, Minimal Predicative Set Theory, quantifier-free part of Kirby’s finitary set theory, and Adjunctive Set Theory, with or without extensionality. The most basic arithmetic and simplest set theory thus turn out to be variants of string theory.

Can opium's tendency to induce sleep be explained by appeal to a "dormitive virtue"? If the label merely references the tendency being explained, the explanation seems vacuous. Yet the presence of a label could signal genuinely explanatory content concerning the (causal) basis for the property being explained. In Experiments 1 and 2, we find that explanations for a person's behavior that appeal to a named tendency or condition are indeed judged to be more satisfying than equivalent explanations that differ only (...) in omitting the name. In Experiment 3, we find support for one proposal concerning what it is about a name that drives a boost in explanatory satisfaction: named categories lead people to draw an inference to the existence of a cause underlying the category, a cause that is responsible for the behavior being explained. Our findings have implications for theories of explanation and point to the central role of causation in explaining behavior. (shrink)

It is well known that the following features hold of AR + T under the strong Kleene scheme, regardless of the way the language is Gödel numbered: 1. There exist sentences that are neither paradoxical nor grounded. 2. There are 2ℵ0 fixed points. 3. In the minimal fixed point the weakly definable sets (i.e., sets definable as {n∣ A(n) is true in the minimal fixed point where A(x) is a formula of AR + T) are precisely the Π1 1 sets. (...) 4. In the minimal fixed point the totally defined sets (sets weakly defined by formulae all of whose instances are true or false) are precisely the ▵1 1 sets. 5. The closure ordinal for Kripke's construction of the minimal fixed point is ωCK 1. In contrast, we show that under the weak Kleene scheme, depending on the way the Gödel numbering is chosen: 1. There may or may not exist nonparadoxical, ungrounded sentences. 2. The number of fixed points may be any positive finite number, ℵ0, or 2ℵ0 . 3. In the minimal fixed point, the sets that are weakly definable may range from a subclass of the sets 1-1 reducible to the truth set of AR to the Π1 1 sets, including intermediate cases. 4. Similarly, the totally definable sets in the minimal fixed point range from precisely the arithmetical sets up to precisely the ▵1 1 sets. 5. The closure ordinal for the construction of the minimal fixed point may be ω, ωCK 1, or any successor limit ordinal in between. In addition we suggest how one may supplement AR + T with a function symbol interpreted by a certain primitive recursive function so that, irrespective of the choice of the Godel numbering, the resulting language based on the weak Kleene scheme has the five features noted above for the strong Kleene language. (shrink)

A new method of "minimal" realizability is proposed and applied to show that the definable functions of Heyting arithmetic (HA)--functions f such that HA $\vdash \forall x\exists!yA(x, y)\Rightarrow$ for all m, A(m, f(m)) is true, where A(x, y) may be an arbitrary formula of L(HA) with only x, y free--are precisely the provably recursive functions of the classical Peano arithmetic (PA), i.e., the $ -recursive functions. It is proved that, for prenex sentences provable in HA, Skolem functions may always be (...) chosen to be $ -recursive. The method is extended to intuitionistic finite-type arithmetic, HA ω 0 , and elementary analysis. Generalized forms of Kreisel's characterization of the provably recursive functions of PA and of the no-counterexample-interpretation for PA are consequently derived. (shrink)

A realizability notion that employs only primitive recursive functions is defined, and, relative to it, the soundness of the fragment of Heyting Arithmetic (HA) in which induction is restricted to Σ 0 1 formulae is proved. A dual concept of falsifiability is proposed and an analogous soundness result is established for a further restricted fragment of HA.

A realizability notion that employs only Kalmar elementary functions is defined, and, relative to it, the soundness of EA-(Π₁⁰-IR), a fragment of Heyting Arithmetic (HA) with names and axioms for all elementary functions and induction rule restricted to Π₁⁰ formulae, is proved. As a corollary, it is proved that the provably recursive functions of EA-(Π₁⁰-IR) are precisely the elementary functions. Elementary realizability is proposed as a model of strict arithmetic constructivism, which allows only those constructive procedures for which the amount (...) of computational resources required can be bounded in advance. (shrink)

Kristiansen and Murwanashyaka recently proved that Robinson arithmetic, Q, is interpretable in an elementary theory of full binary trees, T. We prove that, conversely, T is interpretable in Q by producing a formal interpretation of T in an elementary concatenation theory QT+, thereby also establishing mutual interpretability of T with several well-known weak essentially undecidable theories of numbers, strings, and sets. We also introduce a “hybrid” elementary theory of strings and trees, WQT*, and establish its mutual interpretability with Robinson’s weak (...) arithmetic R, the weak theory of trees WT of Kristiansen and Murwanashyaka, and the weak concatenation theory WTCε of Higuchi and Horihata. (shrink)

The thesis critically examines the question of the philosophical coherence of finitism, the view which seeks to interpret mathematics without postulating an actual infinity of mathematical objects. It is argued that a widely accepted characterization of finitism, most recently expounded by Tait, is inadequate, and a new characterization based on the notion of elementary abstraction is proposed. It is further argued that the notion of elementary abstraction better explains the bearing of Godel's incompleteness theorems on the issue of the coherence (...) of finitism. By abstraction is meant a procedure by which one recognizes or establishes that some infinite process exhibits a distinctive uniformity. If the procedure does not require one to conceive of the integers in any other way than as the result of simple iterations, we call such abstraction elementary. Some six different formal models exploring a variety of different ways in which this notion can be made precise are proposed as possible formal characterizations of finitistic truth. It is proved that all these different models are equivalent with respect to finitistically meaningful sentences. This is taken as strong evidence that the notion of elementary abstraction is determinate enough to provide a basis for a coherent philosophical formulation of finitism. (shrink)

An actor's mental states—whether she acted knowingly and with bad intentions—typically play an important role in evaluating the extent to which an action is wrong and in determining appropriate levels of punishment. In four experiments, we find that this role for knowledge and intent is significantly weaker when evaluating transgressions of conventional rules as opposed to moral rules. We also find that this attenuated role for knowledge and intent is partly due to the fact that conventional rules are judged to (...) be more arbitrary than moral rules; whereas moral transgressions are associated with actions that are intrinsically wrong, conventional transgressions are associated with actions that are only contingently wrong. Finally, we find that it is the perpetrator's belief about the arbitrary or non-arbitrary basis of the rule—not the reality—that drives this differential effect of knowledge and intent across types of transgressions. (shrink)

BackgroundAs a number of commentators have noted, SARS exposed the vulnerabilities of our health care systems and governance structures. Health care professionals (HCPs) and hospital systems that bore the brunt of the SARS outbreak continue to struggle with the aftermath of the crisis. Indeed, HCPs – both in clinical care and in public health – were severely tested by SARS. Unprecedented demands were placed on their skills and expertise, and their personal commitment to their profession was severely tried. Many were (...) exposed to serious risk of morbidity and mortality, as evidenced by the World Health Organization figures showing that approximately 30% of reported cases were among HCPs, some of whom died from the infection. Despite this challenge, professional codes of ethics are silent on the issue of duty to care during communicable disease outbreaks, thus providing no guidance on what is expected of HCPs or how they ought to approach their duty to care in the face of risk.DiscussionIn the aftermath of SARS and with the spectre of a pandemic avian influenza, it is imperative that we (re)consider the obligations of HCPs for patients with severe infectious diseases, particularly diseases that pose risks to those providing care. It is of pressing importance that organizations representing HCPs give clear indication of what standard of care is expected of their members in the event of a pandemic. In this paper, we address the issue of special obligations of HCPs during an infectious disease outbreak. We argue that there is a pressing need to clarify the rights and responsibilities of HCPs in the current context of pandemic flu preparedness, and that these rights and responsibilities ought to be codified in professional codes of ethics. Finally, we present a brief historical accounting of the treatment of the duty to care in professional health care codes of ethics.SummaryAn honest and critical examination of the role of HCPs during communicable disease outbreaks is needed in order to provide guidelines regarding professional rights and responsibilities, as well as ethical duties and obligations. With this paper, we hope to open the social dialogue and advance the public debate on this increasingly urgent issue. (shrink)

Developmental psychologists have long recognized the extraordinary influence of action on learning (Held & Hein, 1963; Piaget, 1952). Action experiences begin to shape our perception of the world during infancy (e.g., as infants gain an understanding of others’ goal-directed actions; Woodward, 2009) and these effects persist into adulthood (e.g., as adults learn about complex concepts in the physical sciences; Kontra, Lyons, Fischer, & Beilock, 2012). Theories of embodied cognition provide a structure within which we can investigate the mechanisms underlying action’s (...) impact on thinking and reasoning. We argue that theories of embodiment can shed light on the role of action experience in early learning contexts, and further that these theories hold promise for using action to scaffold learning in more formal educational settings later in development. (shrink)

There has been broad interest in the so-called rise of women farmers in United States (US) agriculture. Researchers have elucidated the diverse ways farmers ‘perform’ gender, while also examining how engaging in a masculine-coded industry like agriculture shapes individuals’ gendered identities as well as their social and mental wellbeing. While illuminating, this work is mostly focused on sustainable or direct-market farmers, with surprisingly little research examining women on conventional row crops operations. This paper works to fill this empirical gap and (...) further theorize gender-agriculture intersections through analyzing interviews with Iowa women row-crop farmers to understand the ways they perceive their gendered identities, and how they see them shaping their farming experience and mental wellbeing. Deploying a conceptual understanding of gender as both discursive and embodied as well as relational and fluid, I find respondents see themselves operating in a somewhat liminal gender identity, where they feel adept at moving between masculinized spaces of agriculture and more feminized domains of homes and office jobs. Critically, while women rarely expressed stress about doing “masculine” coded agricultural labor, they had more complex feelings towards either disliking or imperfectly completing feminized care and reproductive labor. Younger women expressed particular ambivalence about assuming the identity of farmer while also fulfilling gendered norms around (heterosexual) marriage and childbearing. The liminality of women’s gender performance also cut both ways, and while they feel able to access different gendered spaces some feel they are not fully accepted in either. I conclude by reflecting on what these particular forms of gendered subjectivity might mean for women’s mental wellbeing and how agencies might better support gender equity in agriculture. (shrink)

We discuss recent work on bounded rationality and learning in relation to Soros' principle of reflexivity and stress the empirical importance of non-rational, almost self-fulfilling equilibria in positive feedback systems. As an empirical example, we discuss a behavioral asset pricing model with heterogeneous expectations. Bubble and crash dynamics is triggered by shocks to fundamentals and amplified by agents switching endogenously between a mean-reverting fundamental rule and a trend-following rule, based upon their relative performance. We also discuss learning-to-forecast laboratory experiments, showing (...) that in positive feedback systems individuals coordinate expectations on non-rational, almost self-fulfilling equilibria with persistent price fluctuations very different from rational equilibria. Economic policy analysis may benefit enormously by focusing on efficiency and welfare gains in correcting mispricing along almost self-fulfilling equilibria. (shrink)

The nutrition transition—a process of dietary change that describes the shift to calorie-dense, higher fat and protein diets from cereal based ones—is happening in India. This paper argues that relatively little is known about the nature of nutrition transition in India. This is a result of both a lack of adequate and timely data and a consequence of national and state-level statistics, which render an incomplete and potentially misleading picture of how these processes are unfolding in local contexts. This may (...) be especially true in India where very little ethnographic research has documented the dual edges of nutrition transitions. Analyzing data collected from the Kumaon Hills, Uttarakhand in 2013, this paper suggests the ways in which aspects of the nutrition transition have developed unevenly over space and time. In particular, while new types of calorie dense foods have infiltrated these rural, remote areas, the process has been uneven and fraught with contestation due to preexisting social practices. More troubling is the evidence that though incomes are rising, the predicted increases in high value, protein rich foods may actually be declining. This paper concludes by arguing that the widely influential nutrition transition literature needs look to ethnographic and in-depth qualitative methods to form better policies relevant to the contingencies of dietary and epidemiological change. (shrink)

This article addresses the development of an online residency platform Floating Reverie, for artists who work in and around digital media. The particular focus of this article is on the methodology used by the curator of the residencies and the artists as a form of networked curation within a South African creative digital art context.

Emerging genomic technologies promise more efficient infectious disease control. Whole genome sequencing is increasingly being used in tuberculosis diagnosis, surveillance, and epidemiology. However, while the use of WGS by public health agencies may raise ethical, legal, and socio-political concerns, these challenges are poorly understood. Between November 2017 and April 2018, we conducted semi-structured interviews with 22 key stakeholders across the fields of governance and policy, public health, and laboratory sciences representing the major jurisdictions currently using WGS in national TB programs. (...) Thematic analysis of the interviews was conducted using NVivo 11. Respondents identified several ethical and practical challenges associated with WGS in TB care and surveillance, all related to issues of trust, including: 1) the power of public health; 2) data sharing and profits derived from surveillance efforts; and 3) concerns regarding who has access to, and can benefit from, the technology. Additional challenges included: the potential utility that WGS adds to a public health program, the risks associated with linking necessary epidemiological metadata to the genomic data, and challenges associated with jurisdictional capacity to implement the technology. Successful implementation of WGS is dependent on fostering relationships of trust between those working with genomics technology and those directly impacted by it, including clinicians. Building trust between the public and the public health agencies and within public health agencies themselves is critical due to the inherent complexity of WGS and its implementation for communicable disease control purposes. (shrink)

In this article, I consider the ideologies that emerge when disability and LGBTQ rights advocates' ubiquitous calls for visibility collide. I argue that contemporary visibility politics encourage the production of post-racial and post-spatial ideologies. In demanding visibility, disability and LGBTQ rights advocates ignore, ironically, visible markers of difference and assume that being “out, loud, and proud” is desirable trans-geographically. I bring together disability studies and queer rural studies—fields that have engaged in remarkably little dialogue—to analyze activist calls for LGBTQ and (...) disability visibility. The discourses evident in such calls transcend movements and virtual spaces and emerge as some of the LGBTQ women in the rural Midwest whom I interviewed discuss their relations to LGBTQ sexuality and disability. I analyze several cases to illustrate how visibility discourses compel the erasure of material bodies, and in the process, render certain experiences obsolete. I close by considering how my critique of visibility discourses might influence critical discussions of identity politics more broadly. (shrink)

Medical tourism is international travel with the intention of receiving medical care. Medical tourists travel for many reasons, including cost savings, limited domestic access to specific treatments, and interest in accessing unproven interventions. Medical tourism poses new health and safety risks to patients, including dangers associated with travel following surgery, difficulty assessing the quality of care abroad, and complications in continuity of care. Online resources are important to the decision-making of potential medical tourists and the websites of medical tourism facilitation (...) companies are an important source of online information for these individuals. These websites fail to address the risks associated with medical tourism, which can undermine the informed decision-making of potential medical tourists. Less is known about patient testimonials on these websites, which can be a particularly powerful influence on decision-making. (shrink)

La propuesta de esta narrativa es, por un lado, exponer una forma posible de la experiencia de dar talleres de filosofía por fuera del espacio académico y, por otro lado, acercar la experiencia particular del taller Filosofía y Poesía, a través de consideraciones en torno al abordaje de la noción de ‘sujeto’. Este taller surge a partir de la necesidad de armar un espacio de experimentación en torno a una subjetividad que aparece en/a través de la escritura, al cual lo (...) convoca dar una respuesta posible a la búsqueda de un hábitat propicio para pensar en torno al ‘sujeto’, teniendo que preguntarnos, inevitablemente, quién es aquel de quien estamos hablando e inclusive quién es ‘yo’. Echando mano de producciones de Audre Lorde, Gloria Anzaldúa, val flores, entre otres, pretendemos, además de contextualizar los modos de nuestro hacer en su carácter compartido, brindar materiales para pensar/nos y pensar una vinculación posible entre Filosofía y Poesía como disparador de otro pensar, de un pensar poético. (shrink)

Review of:Val Flores, Una lengua cosida de relámpagos. Buenos Aires, Hekht, 2019.

This scoping review maps research ethics and integrity challenges and best practices encountered by research actors in the DACH countries (Germany, Austria, and Switzerland), including researchers, funders, publishers, research ethics committees, and policymakers, during the COVID-19 pandemic. The COVID-19 pandemic brought research and, in turn, research ethics and integrity, into public focus. This review identified challenges related to changing research environments, diversity in research, publication and dissemination trends, scientific literacy and trust in science, recruitment, research redundancy and study termination, placebo (...) and human challenge studies, data management, and informed consent. These challenges are linked to two crucial factors: first, actors in the DACH research ecosystem lacked a sound knowledge base to assess the risks and benefits of research during the COVID-19 pandemic. Second, researchers in the DACH region faced pressure from policymakers, funders, and the public to generate relevant, timely, and consistent findings to mitigate the impacts of the COVID-19 pandemic. In addition, this review highlights best practices to mitigate the effects of future crises on research ethics and integrity, including enhanced cooperation among actors, continuous ethics assessments, and support for public scientific literacy. (shrink)

Language sample analysis is an important practice for providing a culturally sensitive and accurate assessment of a child's language abilities. A child's usage of literate language devices in narrative samples has been shown to be a critical target for evaluation. While automated scoring systems have begun to appear in the field, no such system exists for conducting progress-monitoring on literate language usage within narratives. The current study aimed to develop a hard-coded scoring system called the Literate Language Use in Narrative (...) Assessment, to automatically evaluate six aspects of literate language in non-coded narrative transcripts. LLUNA was designed to individually score six literate language elements. The interrater reliability of LLUNA with an expert scorer, as well as its' reliability compared to certified undergraduate scorers was calculated using a quadratic weighted kappa. Results indicated that LLUNA met strong levels of interrater reliability with an expert scorer on all six elements. LLUNA also surpassed the reliability levels of certified, but non-expert scorers on four of the six elements and came close to matching reliability levels on the remaining two. LLUNA shows promise as means for automating the scoring of literate language in LSA and narrative samples for the purpose of assessment and progress-monitoring. (shrink)

Nutrition-sensitive agriculture has emerged as a major development paradigm that works to diversify crops and diets throughout the Global South in order to improve nutritional outcomes. Drawing on a conceptual framework from political ecologies of health that looks at political economic factors, social discourse, and embodied, material experiences of food, I analyze qualitative and ethnographic data from an integrated NSA intervention in Madhya Pradesh and Jharkhand, India. The analysis shows that while embodied experiences of differing rice varieties were central to (...) research participants’ conceptions of bodily health, mainstream NSA metrics had trouble ‘seeing’ these relations in meaningful ways. Moreover, although material experiences of rice cultivation and consumption anchored participants’ rice preferences, structural economic realities along with notions of social identity were always interwoven. Yet, while villagers expressed divergent perceptions around how the different rice cultivars shaped their bodily health, agricultural officers tended to view rice experiences as a product of culture, rather than as material and socio-ecological food-body interactions. In sum, this paper argues more deeply engaging with the political economic, socially symbolic, and embodied ways that communities relate to food production and consumption would allow NSA research to develop more grounded and inclusive understandings of agriculture-nutrition linkages. (shrink)

Despite decades of action to reduce global malnutrition, rates of undernutrition remain stubbornly high and rates of overweight, obesity and chronic disease are simultaneously on the rise. Moreover, while volumes of robust research on causes and solutions to malnutrition have been published, and calls for interdisciplinarity are on the rise, researchers taking different epistemological and methodological choices have largely remained disciplinarily siloed. This paper works to open a scholarly conversation between “mainstream” public health nutrition and “critical” nutrition studies. While critical (...) nutrition scholars collectively question aspects of mainstream nutrition approaches, they also chart a different way to approach malnutrition research by focusing on politics, structural conditions, and the diverse ways people make sense of food and malnutrition. In this paper, we highlight the key research agendas and insights within both mainstream and critical nutrition in order to suggest spaces for their potential conversation. We ultimately argue that global public health nutrition interventions might achieve greater success in more equitable ways if they are informed by critical nutrition research. We aim for this intervention to facilitate more substantial crossing of disciplinary boundaries, critical to forging more socially and environmentally just dietary futures in the global South and beyond. (shrink)

The United States is in its fifth year of what is now widely referred to as “the new medical malpractice crisis.” Although some professional liability insurers have begun to report improvements in their overall financial margins, there are few signs that the trend toward higher costs is reversing itself - particularly for doctors and hospitals. In 2003-2004, the presidential election and tort reform proposals in Congress brought heightened public attention to the need for some type of policy intervention to ease (...) the effects of the crisis.The darling of tort reformers at both the federal and state levels has been legislation to limit, or “cap,” damages awarded to plaintiffs in malpractice cases. Health care provider groups, liability insurers, and the Bush Administration have all seized on the example of California's MICRA law, which since 1975 has capped noneconomic damages in malpractice cases at a flat $250,000, as the path to financial recovery. (shrink)

The United States is in its fifth year of what is now widely referred to as “the new medical malpractice crisis.” Although some professional liability insurers have begun to report improvements in their overall financial margins, there are few signs that the trend toward higher costs is reversing itself - particularly for doctors and hospitals. In 2003-2004, the presidential election and tort reform proposals in Congress brought heightened public attention to the need for some type of policy intervention to ease (...) the effects of the crisis.The darling of tort reformers at both the federal and state levels has been legislation to limit, or “cap,” damages awarded to plaintiffs in malpractice cases. Health care provider groups, liability insurers, and the Bush Administration have all seized on the example of California's MICRA law, which since 1975 has capped noneconomic damages in malpractice cases at a flat $250,000, as the path to financial recovery. (shrink)

In Pacificare Health Systems, Inc. v. Jefrey Book, the US. Supreme Court ruled that the mandatory arbitration clause in an HMO contract should be enforced to compel a physician to arbitrate his RICO charges against the health plan, even though the clause could be construed to limit the arbitrator’s authority to award full damages under the RICO statute. The ruling could prevent physicians with health plan arbitration agreements from taking future reimbursement claims against insurance companies directly to court, even when (...) the allegations involve a potential statutory breach outside of the explicit scope of the provider contract.Dr. Book’s arbitration claim was part of a larger class action lawsuit filed in August of 2000 by a group of physicians and patients seeking reimbursement from eight managed care companies for unpaid health insurance claims. (shrink)

In Pacificare Health Systems, Inc. v. Jefrey Book, the US. Supreme Court ruled that the mandatory arbitration clause in an HMO contract should be enforced to compel a physician to arbitrate his RICO charges against the health plan, even though the clause could be construed to limit the arbitrator’s authority to award full damages under the RICO statute. The ruling could prevent physicians with health plan arbitration agreements from taking future reimbursement claims against insurance companies directly to court, even when (...) the allegations involve a potential statutory breach outside of the explicit scope of the provider contract.Dr. Book’s arbitration claim was part of a larger class action lawsuit filed in August of 2000 by a group of physicians and patients seeking reimbursement from eight managed care companies for unpaid health insurance claims. (shrink)

Background As a number of commentators have noted, SARS exposed the vulnerabilities of our health care systems and governance structures. Health care professionals (HCPs) and hospital systems that bore the brunt of the SARS outbreak continue to struggle with the aftermath of the crisis. Indeed, HCPs – both in clinical care and in public health – were severely tested by SARS. Unprecedented demands were placed on their skills and expertise, and their personal commitment to their profession was severely tried. Many (...) were exposed to serious risk of morbidity and mortality, as evidenced by the World Health Organization figures showing that approximately 30% of reported cases were among HCPs, some of whom died from the infection. Despite this challenge, professional codes of ethics are silent on the issue of duty to care during communicable disease outbreaks, thus providing no guidance on what is expected of HCPs or how they ought to approach their duty to care in the face of risk. Discussion In the aftermath of SARS and with the spectre of a pandemic avian influenza, it is imperative that we (re)consider the obligations of HCPs for patients with severe infectious diseases, particularly diseases that pose risks to those providing care. It is of pressing importance that organizations representing HCPs give clear indication of what standard of care is expected of their members in the event of a pandemic. In this paper, we address the issue of special obligations of HCPs during an infectious disease outbreak. We argue that there is a pressing need to clarify the rights and responsibilities of HCPs in the current context of pandemic flu preparedness, and that these rights and responsibilities ought to be codified in professional codes of ethics. Finally, we present a brief historical accounting of the treatment of the duty to care in professional health care codes of ethics. Summary An honest and critical examination of the role of HCPs during communicable disease outbreaks is needed in order to provide guidelines regarding professional rights and responsibilities, as well as ethical duties and obligations. With this paper, we hope to open the social dialogue and advance the public debate on this increasingly urgent issue. (shrink)