In a recent paper, William K. Goosens objects to the arguments I set out some time ago attacking the logical empiricist analysis of reduction as applied to genetics. In these works I did not argue against the claim that Mendelian genetics was being reduced to molecular biology. Nor did I conclude, as Goosens asserts, that in the case of genetics, “reduction is insignificant”. To the contrary, I repeatedly stated that, “given our pre-analytic intuitions about reduction,” the reduction of Mendelian to (...) molecular genetics “is a case of reduction, a paradigm case”. And in agreement with Kenneth Schaffner I argued that reduction “in some very important, pre-analytic sense has taken place and is taking place in genetics”. The target of my objections to reduction in genetics was not “reduction” in some pre-analytic sense. Nor was it the various explications which have appeared since. Rather it was the notion of theory reduction set out a generation ago by such logical empiricists as Ernest Nagel, The particular version of this analysis which I chose to attack was that presented by Schaffner ; for Schaffner's later views, see his. I chose Schaffner's explication to attack because I thought it was the best of its kind and because it was the only defense of the logical empiricist analysis at the time which used genetics as one of its chief examples. Contrary to Goosens' assumption, in criticizing Schaffner's explication, I did not thereby “endorse” it. (shrink)

This dissertation is a study of the nature and development of "modern" political thought, typical features of which include the "state of nature" and "social contract." Specifically, I argue that modern thought is constructive, which is to say that thinking is seen as, at least to some extent, generative of its objects. I focus primarily on Hobbes and Marx as liminal thinkers in the development of modern political thought. I begin with a discussion of the nature of construction in modern (...) thought generally, and in Hobbes specifically. I then ground the claim that Hobbes's texts are originary for modern political thought in two ways. First, I show how many of the methodological principles explicitly adopted by Hobbes are implicitly assumed by Locke. Then, I differentiate Hobbesian metaphysical and epistemological assumptions from two alternate sets of assumptions which Hobbes viewed himself as opposing: Machiavellian virtu; and Christian, medieval neo-Platonism. I then read Hobbes's texts in their relation to Bacon's usage of construction and Hobbes's own development of the social contract. I then transition, via Hegel, to a study of Marx. After providing an account of Marx's early reaction to Hegel, I attempt to show that many of the objections Marx makes to Hegelianism are also made against modern political thought in general. I thus read sections of Marx's early works to illustrate his engagement with early modern thought, and to show how he characterizes this thought as a "despotism" because of its reliance on a "manufactured originary state." I then provide readings of Marx's dissertation critique of Democritus to develop more carefully what Marx means by an atomic or originary state; and of sections of the Holy Family to explore Marx's understanding of "history," and to show how that understanding differs from Hegel's. I conclude with an extended reading of sections of Marx's 1844 Manuscripts, in order to develop more fully his critique of modern political thought, and to sketch his early understanding of what an alternative way of thinking politics might incorporate. (shrink)

Sharon Street’s 2006 article “A Darwinian Dilemma for Realist Theories of Value” challenges the epistemological pretensions of the moral realist, of the nonnaturalist in particular. Given that “Evolutionary forces have played a tremendous role in shaping the content of human evaluative attitudes” – why should one suppose such attitudes and concomitant beliefs would track an independent moral reality? Especially since, on a nonnaturalist view, moral truth is causally inert. I abstract a logical skeleton of Street’s argument and, with its aid, (...) focus on problematic assumptions regarding the (a)causality of moral truth. It emerges that there are acquired causal powers that compensate for the intrinsic impotence of moral truth, as well as two distinct levels at which truth-tracking might occur. I argue that while evolution’s selective forces do not track moral truth, that does not imply individual organisms could not have evolved that capability. -/- . (shrink)

This paper is a tentative step toward formalizing in symbolic logic some of the central assumptions of Clark L. Hull's theory of behavior. There will be noticeable deviations from Hull's own terminology and form of statement, but this will be largely in the interest of greater logical simplicity. The notation of symbolic logic will not be used, but the behavioral axioms will be so stated as to admit of easy translation into such notation. Such easy translatability seems to be a (...) prerequisite if theorems are to be derivable with genuine deductive rigor. (shrink)

A rejoinder to G. Hull’s reply to my Mind 2003. Hull argues that Sorensen’s purported proof that ‘vague’ is vague--which I defended against certain familiar objections--fails. He offers three reasons: (i) the vagueness exhibited by Sorensen’s sorites is just the vagueness of ‘small’; (ii) the general assumption underlying the proof, to the effect that predicates which possess borderline cases are vague, is mistaken; (iii) the conclusion of the proof is unacceptable, for it is possible to create Sorensen-type sorites even (...) for predicates that are paradigmatically precise. I argue that each of these points involves fallacious reasoning. (shrink)

Contemporary empiricism has attempted to ground its analysis of science in a falsificationism based in selection theory. This paper links these evolutionary epistemologies with commitments to certain epistemological and ontological assumptions found in the later work of K. Popper, D. Campbell, and D. Hull, I argue that their assumptions about the character of contemporary empiricism are part of a shared paradigm of epistemological explanation which results in unresolved tensions within their own projects. I argue further that their claim to be (...) doing a science of science is not defensible. Hull's selectionism is analyzed to show how this epistemological agenda has played itself out in late empiricism. I suggest some directions that Hull might take toward an historical epistemology. (shrink)

Hull's recent work in evolutionary epistemology is marred by a deep tension. While he maintains that conceptual and biological evolution are both driven by selection processes, he also claims that only the former is globally progressive. In this paper I formulate this tension and present four possible responses (including Hull's). I argue that Hull's position rests on the assumption that there is a goal which is sufficiently general to describe most scientific activity yet precise enough to guide research. Working (...) from within Hull's framework, I argue that a non-progressionist stance is both preferable and more consistent with Hull's basic commitments. (shrink)

It is time to escape the constraints of the Systematics Wars narrative and pursue new questions that are better positioned to establish the relevance of the field in this time period to broader issues in the history of biology and history of science. To date, the underlying assumptions of the Systematics Wars narrative have led historians to prioritize theory over practice and the conflicts of a few leading theorists over the less-polarized interactions of systematists at large. We show how shifting (...) to a practice-oriented view of methodology, centered on the trajectory of mathematization in systematics, demonstrates problems with the common view that one camp straightforwardly “won” over the other. In particular, we critique David Hull’s historical account in Science as a Process by demonstrating exactly the sort of intermediate level of positive sharing between phenetic and cladistic theories that undermines their mutually exclusive individuality as conceptual systems over time. It is misleading, or at least inadequate, to treat them simply as holistically opposed theories that can only interact by competition to the death. Looking to the future, we suggest that the concept of workflow provides an important new perspective on the history of mathematization and computerization in biology after World War II. (shrink)

In this article I address a puzzle about one of Francis Hutcheson’s objections to psychological egoism. The puzzle concerns his premise that God receives no benefit from rewarding the virtuous. Why, in the early editions of his Inquiry Concerning Virtue (1725, 1726), does Hutcheson leave this premise undefended? And why, in the later editions (1729, 1738), does he continue to do so, knowing that in 1726 John Clarke of Hull had subjected the premise to plausible criticism, geared to the very (...) audience (mainly Christian) for whom Hutcheson’s objection to egoism was written? This puzzle is not negligible. Some might claim that Hutcheson ruins his objection by ignoring Clarke’s criticism. To answer the puzzle we must consider not only Hutcheson’s philosophy but also some theological assumptions of Hutcheson’s time. (shrink)

The program of Evolutionary Ethics (EE) is based on the assumption that our moral features constitute adaptations and as such are to be explained in terms of the evolutionary process of natural selection. However, the fundamental assumption of EE was seriously put into question: the level of analysis relevant for moral features is essentially ontogeny and culture, while the explanation using natural selection applies to the level of phylogeny and genes (Sober, 1995; Ayala, 1995; Okasha, 2009). To the (...) discussion on the validity of the program of EE we propose to bring the recent program of Extended Synthesis (ES, Pigliucci & Muller, 2010), because it attempts to account for the role of the ontogeny in evolution. We conclude, nevertheless, that ES fails to properly account for the importance of ontogeny in evolutionary processes because by extending the notion of inheritance it (con-)fuses the notions of unit of inheritance and of unit of selection (against the well-known distinction made by Hull, 1980). (shrink)

The debate between the Mendelians and the (largely Darwinian) biometricians has been referred to by R. A. Fisher as ‘one of the most needless controversies in the history of science’ and by David Hull as ‘an explicable embarrassment’. The literature on this topic consists mainly of explaining why the controversy occurred and what factors prevented it from being resolved. Regrettably, little or no mention is made of the issues that figured in its resolution. This paper deals with the latter topic (...) and in doing so reorients the focus of the debate as one between Karl Pearson and R. A. Fisher rather than between the biometricians and the Mendelians. One reason for this reorientation is that Pearson's own work in 1904 and 1909 suggested that Mendelism and biometry could, to some extent, be made compatible, yet he remained steadfast in his rejection of Mendelism. The interesting question then is why Fisher, who was also a proponent of biometric methods, was able to synthesise the two traditions in a way that Pearson either could not or would not. My answer to this question involves an analysis of the ways in which different kinds of assumptions were used in modelling Mendelian populations. I argue that it is these assumptions, which lay behind the statistical techniques of Pearson and Fisher, that can be isolated as the source of Pearson's rejection of Mendelism and Fisher's success in the synthesis. (shrink)

In this paper I start from a definition of “culture of the artificial” which might be stated by referring to the background of philosophical, methodological, pragmatical assumptions which characterizes the development of the information processing analysis of mental processes and of some trends in contemporary cognitive science: in a word, the development of AI as a candidate science of mind. The aim of this paper is to show how (with which plausibility and limitations) the discovery of the mentioned background might (...) be dated back to a period preceding the cybernetic era, the decade 1930–1940 at least. Therefore a somewhat detailed analysis of Hull's “robot approach” is given, as well as of some of its independent and future developments. (shrink)

Drawing on work of the past decade, this volume brings together articles from the philosophy, history, and sociology of science, and many other branches of the biological sciences. The volume delves into the latest theoretical controversies as well as burning questions of contemporary social importance. The issues considered include the nature of evolutionary theory, biology and ethics, the challenge from religion, and the social implications of biology today (in particular the Human Genome Project).

"Legend is overdue for replacement, and an adequate replacement must attend to the process of science as carefully as Hull has done. I share his vision of a serious account of the social and intellectual dynamics of science that will avoid both the rosy blur of Legend and the facile charms of relativism.... Because of [Hull's] deep concern with the ways in which research is actually done, Science as a Process begins an important project in the study of science. It (...) is one of a distinguished series of books, which Hull himself edits."—Philip Kitcher, Nature "In Science as a Process, [David Hull] argues that the tension between cooperation and competition is exactly what makes science so successful.... Hull takes an unusual approach to his subject. He applies the rules of evolution in nature to the evolution of science, arguing that the same kinds of forces responsible for shaping the rise and demise of species also act on the development of scientific ideas."—Natalie Angier, New York Times Book Review "By far the most professional and thorough case in favour of an evolutionary philosophy of science ever to have been made. It contains excellent short histories of evolutionary biology and of systematics (the science of classifying living things); an important and original account of modern systematic controversy; a counter-attack against the philosophical critics of evolutionary philosophy; social-psychological evidence, collected by Hull himself, to show that science does have the character demanded by his philosophy; and a philosophical analysis of evolution which is general enough to apply to both biological and historical change."—Mark Ridley, Times Literary Supplement "Hull is primarily interested in how social interactions within the scientific community can help or hinder the process by which new theories and techniques get accepted.... The claim that science is a process for selecting out the best new ideas is not a new one, but Hull tells us exactly how scientists go about it, and he is prepared to accept that at least to some extent, the social activities of the scientists promoting a new idea can affect its chances of being accepted."—Peter J. Bowler, Archives of Natural History "I have been doing philosophy of science now for twenty-five years, and whilst I would never have claimed that I knew everything, I felt that I had a really good handle on the nature of science, Again and again, Hull was able to show me just how incomplete my understanding was.... Moreover, [Science as a Process] is one of the most compulsively readable books that I have ever encountered."—Michael Ruse, Biology and Philosophy. (shrink)

Biological species have been treated traditionally as spatiotemporally unrestricted classes. If they are to perform the function which they do in the evolutionary process, they must be spatiotemporally localized individuals, historical entities. Reinterpreting biological species as historical entities solves several important anomalies in biology, in philosophy of biology, and within philosophy itself. It also has important implications for any attempt to present an "evolutionary" analysis of science and for sciences such as anthropology which are devoted to the study of single (...) species. (shrink)

Compares classic and contemporary theories of genetics and evolution and explores the role of teleological thought in biology.

Artificial intelligence (AI) and machine learning (ML) systems increasingly purport to deliver knowledge about people and the world. Unfortunately, they also seem to frequently present results that repeat or magnify biased treatment of racial and other vulnerable minorities. This paper proposes that at least some of the problems with AI’s treatment of minorities can be captured by the concept of epistemic injustice. To substantiate this claim, I argue that (1) pretrial detention and physiognomic AI systems commit testimonial injustice because their (...) target variables reflect inaccurate and unjust proxies for what they claim to measure; (2) classification systems, such as facial recognition, commit hermeneutic injustice because their classification taxonomies, almost no matter how they are derived, reflect and perpetuate racial and other stereotypes; and (3) epistemic injustice better explains what is going wrong in these types of situations than does the more common focus on procedural (un)fairness. (shrink)

Is it possible to redress a wrong specifically in one’s capacity as a knower? Epistemic justice has largely been conceived of as either an ideal goal guiding present and future societal endeavours, or a set of ameliorative character virtues. Yet there is also a backward-looking component of epistemic justice, which has so far been neglected. I argue that exercises of our cognitive and epistemic capacities can constitute moral redress for wrong actions and wrongful harms for which we are responsible. Epistemic (...) redress can take non-doxastic forms, but can also involve the formation of new beliefs. Acts of epistemic redress can redress not only epistemic but also non-epistemic wrongs. In the practice of natural science, epistemic redress can play legitimate and necessary roles both within and outside the core procedures of scientific reasoning, without compromising science’s truth-orientated epistemic credentials. When it plays these roles, it can contribute to generating restitutive knowledge. (shrink)

The goal of cladistic systematics is to discern sister-group relations (cladistic relations) by the methods of cladistic analysis and to represent them explicitly and unambiguously in cladograms and cladistic classifications. Cladists have selected cladistic relations to represent for two reasons: cladistic relations can be discerned with reasonable certainty by the methods of cladistic analysis and they can be represented with relative ease in cladograms and classifications. Cladists argue that features of phylogeny other than cladistic relations cannot be discerned with sufficient (...) certainty to warrant attempting to represent them in either cladograms or classifications and could not be represented if they could. I argue that a better alternative is to work toward improving methods of cladistic analysis (or else to supplement them with other methods) so that such features of phylogeny can be discerned and to devise methods of representation capable of representing them in both cladograms and classifications. However, cladograms and classifications cannot represent everything about phylogeny. It is better to represent one or two aspects of phylogeny explicitly and unambiguously than nothing at all. (shrink)

Following Foucault’s remarks on the importance of architecture to disciplinary power, this paper offers a typology of power relations expressed in different models of Internet governance. Infrastructure governance understands the Internet as a common pool or public resource, on the model of traditional infrastructures like roads and bridges. Modulation governance, which I study by way of Net Neutrality debates in the U.S., understands Internet governance as traffic shaping. Portal governance, which I study by way of data collection policies of dominant (...) platform companies, understands the Internet as creating a user experience that facilitates data mining. The latter two are forms of architectural disciplinary power that undermine the first. I then argue that the rise of portal and modulation governance primarily serves to remake parts of civil society by fostering market norms of consumption and entrepreneurialism. In that sense, efforts to shape Internet architecture need to be understood as techniques of subjectification. (shrink)

One way to understand science is as a selection process. David Hull, one of the dominant figures in contemporary philosophy of science, sets out in this 2001 volume a general analysis of this selection process that applies equally to biological evolution, the reaction of the immune system to antigens, operant learning, and social and conceptual change in science. Hull aims to distinguish between those characteristics that are contingent features of selection and those that are essential. Science and Selection brings together (...) many of David Hull's most important essays on selection in one accessible volume. (shrink)

For a long time, several natural phenomena have been considered unproblematically selection processes in the same sense of “selection.” In our target article we dealt with three of these phenomena: gene-based selection in biological evolution, the reaction of the immune system to antigens, and operant learning. We characterize selection in terms of three processes (variation, replication, and environmental interaction) resulting in the evolution of lineages via differential replication. Our commentators were largely supportive with respect to variation and environmental interaction but (...) critical with respect to replication, in particular its appeal to information. With some reservations, our commentators think that our general analysis of selection may fit gene-based selection in biological evolution and the reaction of the immune system but not operant learning. If nothing else, this article shows that the notion of selection is not as straightforward as it may seem. (shrink)

The rule that a patient should give a free, fully-informed consent to any therapeutic intervention is traditionally thought to express merely a right of the patient against the physician, and a duty of the physician towards the patient. On this view, the patient may waive that right with impugnity, a fact sometimes expressed in the notion of a right not to know. This paper argues that the rule also expresses a duty of the patient towards the physician and a right (...) of the physician against the patient. The argument turns, first, on the truism that a physician has no obligation to commit a battery, or unauthorized touching, and, second, on the thesis that a patient necessarily cannot consent to something that is unknown to him. The conclusion is drawn that a patient is not free to receive treatment voluntarily without knowledgeably authorizing it. CiteULike Connotea Del.icio.us What's this? (shrink)

A central subject is the main strand around which the fabric of an historical narrative is woven. Such a subject must possess both spatial and temporal continuity. It is integrated into an historical entity through the relationship between those properties which make it an individual, and their interaction with the historical event. Scientific theory is useful in the reconstruction of past events and the definition of the central subject. Ideas used as central subjects present the problem of finding internal principles (...) of integration which will make the idea continuous over time. The purpose of narratives is to explain an event by integrating it into an organized whole. (shrink)

: Testing the claims that scientists make is extremely difficult. Testing the claims that philosophers of science make about science is even more difficult, difficult but not impossible. I discuss three efforts at testing the sorts of claims that philosophers of science make about science: the influence of scientists' age on the alacrity with which they accept new views, the effect of birth order on the sorts of contributions that scientists make, and the role of novel predictions in the acceptance (...) of new scientific views. Without attempting to test philosophical claims, it is difficult to know what they mean. (shrink)

ABSTRACT Relatively little work brings together Foucault and epistemic injustice. This article works through Miranda Fricker’s attempt to position herself between Marx and Foucault. Foucault repeatedly emphasizes the importance of beginning with “structures” rather than “subjects.” Reading Foucault’s critique of Marxism shows that Fricker’s account comes very close to the standpoint theories it tries to avoid. Foucault’s emphasis on structures explains some of the gaps in Fricker’s account of hermeneutical injustice, especially the need to emphasize the embeddedness of epistemic practices (...) in institutions, and their resulting irreducibly political nature. In both cases, this article offers contemporary examples taken from data and privacy regulations. (shrink)

The timing of this special issue of AJOB probing whether public engagement (PE)1 might help achieve equity in genomics is no coincidence. While many issues discussed by the authors are not entirely...

If species are the things that evolve at least in large part through the action of natural selection, then both genetic and phenotypic variability are essential to biological species. If all species are variable, then Homo sapiens must be variable. Hence, it is very unlikely that the human species as a biological species can be characterized by a set of invariable traits. It might be the case that at this moment in evolutionary history, all human beings happen to possess a (...) particular set of traits, but if so, this will be in large part an evolutionary accident. As a result, anyone who proposes to base anything, including ethics, on human nature is basing it on historical happenstance. (shrink)

Extreme variation in the meaning of the term “species” throughout the history of biology has often frustrated attempts of historians, philosophers and biologists to communicate with one another about the transition in biological thinking from the static species concept to the modern notion of evolving species. The most important change which has underlain all the other fluctuations in the meaning of the word “species” is the change from it denoting such metaphysical entities as essences, Forms or Natures to denoting classes (...) of individual organisms. Several authors have taken notice of the role of metaphysics in the work of particular biologists. An attempt will be made in this paper to present a systematic investigation of the role which metaphysics has played in the work of representative biologists throughout the history of biology, especially as it relates to their species concepts. (shrink)

A belief common among philosophers and biologists alike is that Mendelian genetics has been or is in the process of being reduced to molecular genetics, in the sense of formal theory reduction current in the literature. The purpose of this paper is to show that there are numerous empirical and conceptual difficulties which stand in the way of establishing a systematic inferential relation between Mendelian and molecular genetics. These difficulties, however, have little to do with the traditional objections which have (...) been raised to reduction. (shrink)

This volume contains all of the presidential addresses given before the American Society for Value Inquiry since its first meeting in 1970. Contributions are by Richard Brandt*, Virgil Aldrich*, John W. Davis*, the late Robert S. Hartman*, James B. Wilbur*, the late William H. Werkmeister, Robert E. Carter, the late William T. Blackstone, Gene James, Eva Hauel Cadwallader, Richard T. Hull, Norman Bowie*, Stephen White*, Burton Leiser+, Abraham Edel, Sidney Axinn, Robert Ginsberg, Patricia Werhane, Lisa M. Newton, Thomas Magnell, Sander (...) Lee, John M. Abbarno, Ruth Miller Lucier, and Tom Regan*. Autobiographical sketches* by all of the living contributors and one recently deceased, biographical statements of the remainder, together with photographic portraits of all the contributors*, make this volume a unique record of value inquiry during the past quarter century. __. (shrink)

Historians must have an understanding of the present both to reconstruct the past and to explain that reconstruction to a contemporary audience. One criticism of presentism is that it is an interpretation of the past in terms of current values and ideas, and fails to provide a complete picture of the historical context. Regardless of such practices, however, the historian is limited to the methodological and archival tools available during his own time. Meaning, reason, and truth are different for different (...) periods and peoples. The clarity of his language, the consistency of his logic, and the validity of his proofs are relative to the historian's time and culture. The act of historical inquiry is influenced by the contrasts between past and present. Only by consciously addressing his dependence on the present can the historian adequately understand the past. (shrink)

Authors frequently refer to gene-based selection in biological evolution, the reaction of the immune system to antigens, and operant learning as exemplifying selection processes in the same sense of this term. However, as obvious as this claim may seem on the surface, setting out an account of “selection” that is general enough to incorporate all three of these processes without becoming so general as to be vacuous is far from easy. In this target article, we set out such a general (...) account of selection to see how well it accommodates these very different sorts of selection. The three fundamental elements of this account are replication, variation, and environmental interaction. For selection to occur, these three processes must be related in a very specific way. In particular, replication must alternate with environmental interaction so that any changes that occur in replication are passed on differentially because of environmental interaction. One of the main differences among the three sorts of selection that we investigate concerns the role of organisms. In traditional biological evolution, organisms play a central role with respect to environmental interaction. Although environmental interaction can occur at other levels of the organizational hierarchy, organisms are the primary focus of environmental interaction. In the functioning of the immune system, organisms function as containers. The interactions that result in selection of antibodies during a lifetime are between entities (antibodies and antigens) contained within the organism. Resulting changes in the immune system of one organism are not passed on to later organisms. Nor are changes in operant behavior resulting from behavioral selection passed on to later organisms. But operant behavior is not contained in the organism because most of the interactions that lead to differential replication include parts of the world outside the organism. Changes in the organism's nervous system are the effects of those interactions. The role of genes also varies in these three systems. Biological evolution is gene-based (i.e., genes are the primary replicators). Genes play very different roles in operant behavior and the immune system. However, in all three systems, iteration is central. All three selection processes are also incredibly wasteful and inefficient. They can generate complexity and novelty primarily because they are so wasteful and inefficient. Key Words: evolution; immunology; interaction; operant behavior; operant learning; replication; selection; variation. (shrink)

The topic of this paper is external versus internal explanations, first, of the genesis of evolutionary theory and, second, its reception. Victorian England was highly competitive and individualistic. So was the view of society promulgated by Malthus and the theory of evolution set out by Charles Darwin and A.R. Wallace. The fact that Darwin and Wallace independently produced a theory of evolution that was just as competitive and individualistic as the society in which they lived is taken as evidence for (...) the impact that society has on science. The same conclusion is reached with respect to the reception of evolutionary theory. Because Darwin's contemporaries lived in such a competitive and individualistic society, they were prone to accept a theory that exhibited these same characteristics. The trouble is that Darwin and Wallace did not live in anything like the same society and did not formulate the same theory. Although the character of Victorian society may have influenced the acceptance of evolutionary theory, it was not the competitive, individualistic theory that Darwin and Wallace set out but a warmer, more comforting theory. (shrink)

In the May, 1960, issue of the American Bar Association Journal (vol. 499), Morton Birnbaum, a lawyer and physician, argued for a legal right to psychiatric treatment of the involuntarily committed mentally ill person. In the 18 years since his article appeared,, there have been several key court cases in which this concept of a right to psychiatric treatment has figured prominently and decisively. It is important to note that the language of the decisions have had at least an indirect (...) effect in the recently enacted mental Hygiene Law of the State of New York. While I shall not seek to establish the historical thesis that Birnbaum’s article has been efficacious in bringing about both these court decisions and changes in statutory laws, I do want to examine Birnbaum’s article and some of the opinions for three cases: Wyatt v. Stickney (1972), Wyatt v. Aderholt (1974), and O’Connor v. Donaldson (422 US 563, 1975), in an effort to understand both the significance of these changes in our laws and the underlying philosophical and ethical notions of which they are an expression. Birnbaum observed that the notable feature of the legal situation at the time was that there had not been recognized a constitutional requirement that one who had been institutionalized for mental illness according to due process must receive treatment. Birnbaum argued that the effects of an omission of such a requirement to treat were that mental institutions typically offered only custodial care, that patients who were held only under custodial care typically did not improve, and that the result was that involuntary incarceration in a mental institution was, at least from the point of view of the patient, functionally no different than would be imprisonment for an unspecified period of time. Birnbaum argued for a recognition and enforcement in the courts of the right to treatment “...as a necessary and overdue development of our present concept of due process of law,” i.e., as required by the 14th Amendment to the U.S.. (shrink)