Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman's refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book (...) revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity', and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Landmark Legal Cases in BioethicsSusan Cartier Poland (bio)Only a few decades old, the interdisciplinary field of bioethics has developed surrounded by centuries of legal tradition and moral philosophy. Bioethics and the law have weaved back and forth over time influencing each field. Sometimes ethics leads the debate on problematical issues; for example, the Recombinant DNA Advisory Committee at the National Institutes of Health established regulations prior to (...) initiating human gene therapy. At other times, law takes over; Roe v. Wade, for example, has polarized and closed public discussion on abortion. Most frequently, however, scientific developments initiate discussion in both fields, as when the announcement of the birth of Dolly—the first cloned mammal—sparked President Clinton to ask the National Bioethics Advisory Commission for a report on cloning.A back-and-forth pattern also exists within the law itself, this time between legislator and judge. Legislators enact statutes, which apply universally to regulate conduct in society. Judges, on the other hand, interpret statutes and apply them to particular cases to resolve disputes between parties. Case law, as judge-made law is called, that grows in the absence of legislation becomes the common law. Legislatures can change the course of common law development by enacting more law, usually as amendments, but sometimes as repeals. A judge who sees the facts of a case or the law differently may also change the common law. And so the counterpoint between legislator and judge goes.A legal case becomes a landmark in bioethics because of its historical or precedential value to the field. Historical cases reflect judicial reasoning or rationalization that lays the conceptual foundation for a bioethical principle. Perhaps the best known example of this is the focus on the right to self-determination in Schloendorff that led to the development of informed consent. The principle of autonomy in bioethics derives its legal impetus from this line of cases.A case that acquires landmark status because of its precedential value does so for one of two reasons based on legal precedents. First, the case may be one of “first impression.” In the legal sense, that means that the particular case with its [End Page 191] facts or issues is the first one that a particular court has confronted within that court’s jurisdiction or area of decision-making authority. To be a landmark in bioethics, however, the ordinary sense of “first impression” applies. The first time that a particular bioethical topic has appeared in court for legal resolution makes a case one of “first impression” for bioethics. The case of Baby M on surrogacy contracts illustrates this.The second way in which a case can achieve landmark status based on precedents involves legal precedent and the jurisdictional basis of the court system. Under the common law system, a preceding case that involves the same or similar facts or issues as a current case must be followed by lower—i.e., less authoritative—courts in the same jurisdiction. That judicial rule of decision making is called stare decisis. It creates an institution of continuity, yet allows for change due to differences in judicial interpretation of facts and issues, which is called distinguishing the case.All courts under United States jurisdiction must follow the U.S. Supreme Court. By its sheer power of authority, the Court issues opinions that, if they concern bioethical topics, make cases landmarks in bioethics. For example, Roe v. Wade made abortion legal and set off the debate between maternal and fetal rights. Casey later refined, or to some redefined with a discussion of stare decisis, the bioethical underpinnings of Roe by framing the debate as one between maternal rights and state interests.In law, precedents concern only appellate cases. Trial courts, like that in McFall v. Shimp, handle questions of both fact and law. Appellate courts, like that in Brotherton, hear appeals from the lower trial courts and address legal issues only. Trial judges apply the law to facts, and appellate judges reason about the trial judge’s legal interpretation.Appellate court decisions are the ones most frequently published, either in print or electronically online, for citation. Consequently they are the easiest to locate and retrieve. “Reporters” as... (shrink)

In this paper a case is made concerning how important levels of media technology and new interactive tex-tures affect urban landscapes. The case is based on experiences and empirical examples from a Scandinavian city in which levels of interactive infrastructures, mediated spaces, and places, are high, and in which accessibility and social inclusion traditionally have been strong components in societal and systems design. Our designerly approach discloses some of ways that the city is enacted by a new digital materiality. This (...) materiality can only bee disclosed if the relationship between the city and ICT is understood as a meaningful whole – a totality – in this text illustrated by the notions of landmarks and imprints. Based on our case we suggest that it is possible to employ an ethical dwelling reflecting the endless, active and ongo-ing responsibility for the city and its interactive textures in everyday life. (shrink)

SummaryThe history of languages is closely related to the history of other human activities. Ideally, hypotheses that are designed for linguistic questions on independent grounds should help to consolidate theories in other knowledge fields, such as the history of ideas. This paper deals with the first Portuguese translation of Forbonnais's Elémens du commerce, considering it as a lexical corpus. The linguistic analysis aims to contribute to the general knowledge about this text and its translations. Furthermore, a lexical analysis of Portuguese (...) data can also be understood in the broader context of Romance languages. To this end, we analysed three linguistic expressions, perceived to be representative case-studies: identifying circulação as a terminological loan, the terminological use of a common word and the contrast between terms from different languages. Translations are obvious tools for communicating new ideas. Carrying out linguistic analyses of translations can help to document how ideas take shape. Furthermore, translation studies provide linguistic evidence that is essential for the study of terminology from a diachronic and inter-linguistic standpoint. Data provided by translated texts helps to clarify the date when neologisms were first introduced in a given language. It also helps to identify possible sources of words and to decode the meaning behind lexical innovation. This paper is an example of the output of a contrastive lexicographic approach to Forbonnais's text. (shrink)

Gathering evidence across disciplines is a strength of interdisciplinary fields like neuroethics. However, conclusions can only be made if the evidence applies to the issue at hand. Libet and colleagues' Citation1983 experiment is an interesting case study in this problem. Despite ongoing critiques about the methods used and the replicability of its findings, many people consider Libet and colleagues' methodology a valid strategy to investigate free will and related topics. We reviewed studies using methods similar to those of Libet and (...) colleagues (N = 48) to identify its use and the evidence produced. Overall, we found substantial variation between studies. While the Libet paradigm may be useful for examining how stimuli affect temporal judgments, the link between this and free will or moral responsibility is not clear. Being aware and critical of the methods used to gather results is important when applying scientific experiments to complex, abstract phenomena. (shrink)

Manifesting the special intelligence of a literary critic of original gifts, Culture and Anarchy is still a living classic. It is addressed to the flexible and the disinterested, to those who are not committed to the findings of their particular discipline, and it assumes in its reader a critical intelligence that will begin its work with the reader himself. Arnold employs a delicate and stringent irony in an examination of the society of his time: a rapidly expanding industrial society, just (...) beginning to accustom itself to the changes in its institutions that the pace of its own development called for. Coming virtually at the end of the decade and immediately prior to W. E. Forster's Education Act, Culture and Anarchy phrases with a particular cogency the problems that find their centre in the questions: what kind of life do we think individuals in mass societies should be assisted to lead? How may we best ensure that the quality of their living is not impoverished? Arnold applies himself to the detail of his time: to the case of Mr Smith 'who feared he would come to poverty and be eternally lost', to the Reform agitation, to the commercial values that working people were encouraged to respect, and to the limitations of even the best Rationalist intelligence. The degree of local reference is therefore high, but John Dover Wilson's introduction and notes to this edition supply valuable assistance to a reader fresh to the period. (shrink)

In this article I address the ethical implications of the legal issues the U. S. Supreme Court resolved in New York Times v. Sullivan and its progeny. In a ruling with far-reaching moral implications, the Court addressed truthtelling-journalism's primary ethical directive-and undermined it by favoring other moral principles and social goals. Much of this article focuses on the ethical arguments addressed to the Court in legal briefs that sought rulings that would support fundamental principals of ethical journalism. The creation of (...) actual malice as a legal concept in the Sullivan case owes more to the Court's pursuit of other moral and social values than strict legal reasoning, according to the descriptive theory of pragmatic instrumentalism, which informs this analysis. (shrink)

Right to die legal cases in the United States have evolved over the last 25 years, beginning with the Karen Quinlan case in 1975. Different substantive and procedural issues have been raised in these cases, and society's thinking has changed as a result of the far more complex legal issues that appear today as opposed to the simplistic views raised in early landmark cases. Many of the early cases involved patients in a vegetative state, but (...) more recently patients who were in a minimally conscious state have been the center of attention. Early cases involved the withdrawal of respirators and other sophisticated technology, but later cases centered on the withdrawal of artificial nutrition and hydration, and even whether it was permissible for competent patients to stop eating and drinking in a normal manner. Initial cases pitted families who argued for withdrawal of treatment, usually against the attending physicians and hospitals and/or the state or federal government, who argued for continuation of treatment. (shrink)

BackgroundThe emphasis on ethics and professionalism in medical education continues to increase. Indeed, in the United States the ACGME will require residency programs to include professionalism training in all curricula by 2007. Most courses focus on cases generated by the course instructors rather than on cases generated by the trainees. To date, however, there has been no assessment of the utility of these two case discussion formats. In order to determine the utility of instructor-generated cases (IGCs) versus (...) resident-generated cases (RGCs) in ethics and professionalism training, the author developed an innovative course that included both case formats. The IGCs were landmark cases and cases from the experience of the course instructors, while the RGCs were selected by the residents themselves. Residents were then surveyed to assess the strengths and weaknesses of each format.ResultsOf twenty-two second and third year residents, fourteen completed surveys (response rate 64%). Residents were nearly evenly split in preferring RGCs (38%), IGCs (31%), or not preferring one to the other (31%). 29% stated that they learn more from the RGCs, 21% stated that they learn more from the IGCs, and 50% stated that they did not find a difference in their learning based on format. In general, residents surveyed prefer a mix of formats. Residents tended to find the RGCs more relevant and interesting, and felt the IGCs were necessary to ensure adequate breadth of cases and concepts.ConclusionBased on our relatively small sample at a single institution, we believe that educators should consider incorporating both instructor-generated and resident-generated cases in their ethics and professionalism curricula, and should evaluate the utility of such a model at their own institution. Further work is needed to illuminate other potential improvements in ethics and professionalism education. (shrink)

In 1972, the U.S. Supreme Court decided Furman v. Georgia. This landmark case changed the death penalty in the United States. In Gregg v. Georgia, the Supreme Court made it clear that mitiga...

A new biography of one of the founding fathers of the Scientific Revolution, Robert Boyle, is no easy undertaking, but no scholar is better poised to give us a revisionist view of this iconic figure than Michael Hunter. For fourteen years Hunter, together with Edward Davis, supervised the definitive fourteen‐volume edition of Boyle's complete works, published and unpublished. This was the first such undertaking since the 1744 edition compiled by the cleric and antiquary Thomas Birch. Almost no Boyle scholar has (...) been as privileged—or as dogged—in probing every bit of Boyle's legendary scribblings as Hunter. With his new biography, which gestated for decades and reflects the accumulating wisdom gained only with disciplined, persistent, and wide‐ranging reading, Hunter has shed new light on Boyle's life and character. Specialists will delight in having Hunter's path‐breaking articles gathered together in one volume from journals as far ranging as the Journal of Ecclesiastical History and Medical History to the more standard venues of the profession.Which Boyle have historians of early modern science more recently encountered, and how does Hunter's book enhance or change our understanding? Richard S. Westfall and Marie Boas Hall produced portraits of Boyle as a bona fide, uncomplicated mechanist devoted to testing his view of the universe by frequent experimentation. Steven Shapin and Simon Schaffer in their Leviathan and the Air‐Pump set the stage for a more complex version of Boyle. They portrayed him as a consummate strategist who craftily used his experimental philosophy to serve his own conservative political and social agendas. Shapin's more recent A Social History of Truth claimed that Boyle relied heavily on his social status to carefully craft his public image as a gentleman in order to gain credibility and trust from his audiences. Lawrence Principe in his Aspiring Adept: Robert Boyle and His Alchemical Quest has shown us a Boyle who was passionately committed to alchemy and fascinated by, if fearful of, magic. Barbara Kaplan in her Divulging of Useful Truths in Physick emphasized Boyle's long‐standing interests in medical issues and medical practices.What sort of Boyle does Hunter offer his audience, and how has his high place in Boyle scholarship enabled him to present such a novel interpretation? Hunter shows us a Boyle whose fully complex personality directly contributed to, and thwarted, his scientific production as an experimenter. Hunter's analysis is not deeply seated in psychoanalytical theory but, rather, emerges from a fine‐grained analysis of Boyle's intense religious preoccupations. In the case of Boyle, Hunter argues, earlier eighteenth‐century biographers—including Gilbert Burnet, Roger North, Henry Miles, and William Wooton—produced adulation for a figure whose deep religiosity enhanced his scientific endeavors. Rather than casting his lot with contemporaries who sought a conservative solution to church and state relations after 1660, Boyle had troubling religious preoccupations so that things for him were not so simple, as Hunter shows. Indeed, Boyle befriended and associated with men who were openly acknowledged as mystics and enthusiasts and never allied himself exclusively—or even primarily—with Church of England spokesmen or ecclesiastics. Moreover, Hunter argues, Boyle felt more acutely aware of the dangers of excessive rationalism than he did of the claims of direct divine inspiration. Boyle's religious anxieties, far from mere youthful preoccupations, plagued him throughout his lifetime. Hunter reproduces Boyle's notes on two full confessional interviews he had with two prominent churchmen toward the end of his life. The two churchmen, Gilbert Burnet and Edward Stillingfleet, appeared unsympathetic with the great man's scruples over the legitimacy of his ownership of considerable lands once belonging to the Church. But for Boyle this was no trivial matter; throughout his life he was similarly plagued about the moral rectitude of inheritances from his wealthy father, about constant incursions of blasphemous thoughts, and about the moral propriety of taking oaths. Indeed, for Hunter Boyle's obsessive concern in salving his conscience induced his refusal to accept the presidency of the Royal Society in 1680 because of the oath‐taking necessitated by the position. His tortuous, obsessive religious preoccupations, Hunter argues, find their parallels in Boyle's equally exacting procedures related to his punctilious scientific experiments. Thus, while some historians might see the scrupulous religiosity of Boyle as “dysfunctional,” the same instincts and personality features made him a highly “functional” scientist.Hunter's careful probing of Boyle's defensive apologies, frequently found as prefatory material in his published treatises, reveals another side of Boyle, hitherto largely ignored by his biographers. Excessively concerned about his reputation for establishing new empirical findings, Boyle reveals himself to Hunter in several instances as a masterful dissembler or plagiarist, careful in the extreme to conceal his debts to empirics, compilers, and less learned or less socially prominent men, including George Starkey, William Salmon, Johann Glauber, J. J. Becher, and Jean‐Baptiste DuHamel. What emerges from Hunter's depiction is the antithesis of the decisive, manipulative, socially prepossessing Boyle that Shapin has depicted. What Hunter furnishes is a Boyle who is perhaps far more insecure than the one historians have allowed themselves to envision and who struggled to hide his own vulnerability and inadequacy.In a satisfying exploration of Boyle's connections with medical circles, Hunter searches to explain why Boyle, well known among his contemporaries for enjoying a constant state of ill health and for his dissatisfaction with learned Galenic medicine passed down by the esteemed physicians of his day, was, nevertheless, so loath to publish his stinging criticisms of the medical profession. Historians have long recognized that Boyle evinced strong interest in medical matters from the time of his early researches with physicians in the 1650s in Oxford and that he continued to write about medical issues for the next several decades of his life. But Boyle was acutely aware—as his prefaces attest—that he was not a member of the profession and that his access to sick bodies was severely constricted by his status as a gentleman. Hunter suggests that Boyle's reticence in publishing his attacks on the Galenists owed something to his social position—he was, after all, on good social terms with many eminent physicians. His deference, Hunter argues, owed not just to his hesitation to attack a well‐respected profession, but also to his diffidence about proclaiming universal truths on matters as changeable—and ultimately untestable—as sick human bodies. Hunter further probes another paradox of Boyle's life. We know that Boyle freely gave out his medical advice and medicines that were produced in his private laboratory to friends and acquaintances and that, furthermore, he saw this as a moral duty and Christian charity. Yet Boyle, the champion of open communication in matters of natural philosophy, steadfastly refused to publish his medicine recipes . His unpublished drafts reveal a Boyle who was sharply committed to widening the access of his poor countrymen to chemically prepared and effective medicines. But Boyle stopped well short of making these recipes available for wider dissemination through the medium of print. Why? Again Hunter presents no simple answers but suggests a medley of motives. Exquisitely sensitive to his own reputation, Boyle, in part, may have censored himself lest he be seen as the equal of empirics, apothecaries, and quacksalvers, all abundant and thriving in London in the 1670s. Despite his high‐minded sense of philanthropy, Boyle was particularly concerned about his public persona, so much so that his private passions at times took second seat. Hunter suggests a similar explanation for Boyle's refusal to forthrightly publish his investigations of supernatural phenomena, including witchcraft, visions, angelic apparitions, and second sight. In addition to his strong religious scruples that such investigations might be tainted by demonic participation, Boyle censored himself out of his fear of the charge of easy credulity. As popular satires of experimenters were beginning to pour forth from the pens of Thomas Shadwell and Samuel Butler, Boyle must have smarted at the thought of being classified among those indulging in magical pursuits unbecoming to a genteel experimenter. Hunter concludes by revealing a Boyle far from being a confident showman and expositor of the new science. Instead he shows us a conflicted, ambivalent man who suffered from his high social status, even as he manipulated it for his own aggrandizement or for that of the Royal Society and its experimental program.Hunter's depiction of a tortured man—hitherto most often conceived as an iconic devotee of experimental science or as a consummate, self‐fashioning, smooth‐talking gentleman—will not sit well with some historians. Nor will his characterization of Boyle's lifelong religious scruples sit well. Just as Lawrence Principe presented readers with a disturbing vision of a Boyle duped by alchemical operators or conversing with angelic voices, Hunter offers up a tentative, hesitant, and uncertain man who does not seem to fit with earlier portraits. With extremely convincing and documented evidence, Hunter draws a complex, strong personality that left its stamp on his scientific agenda. Hunter's most piercing insight is to see Boyle's deep‐seated diffidence not as an obstacle to his science but as a driving force behind his commitment to experimentalism. In the end Hunter's view will outlast earlier, less complex versions. (shrink)

The Kennedy Krieger lead paint study is a landmark case in human experimentation and a classic case in research ethics. In this paper I use the lead paint study to assist in the analysis of the ethics of research on less expensive, less effective interventions. I critically evaluate an argument by Buchanan and Miller who defend both the Kennedy Krieger lead paint study and public health research on less expensive, less effective interventions. I conclude that Buchanan and Miller’s argument (...) is flawed but that does not mean that research designed to find less effective interventions cannot be justified in some situations. Based on my analysis, I suggest questions to ask when considering such research and I offer some principles to guide us. In the process, light is shed on the various debates and issues raised by the lead paint study; e.g. standards of care, researchers’ responsibilities to research subjects, the distinction between treatment and research and the question of what it is that legitimizes public health research. (shrink)

The present study is an ideography applied to the work and intellectual activity of the Romanian-born Jewish scholar Leon Volovici. A careful analysis of his writings reveals a series of essential directions - landmarks and recurrent themes of his work - that Volovici himself followed without hesitation throughout his intellectual becoming. Succinctly, the case of Leon Volovici represents a remarkable model of practicing cultural dialogue and achieving intellectual histories from several perspectives. In addition to brief introductory considerations and concluding remarks, (...) this study focuses upon the following dimensions of his writings: i) the role of intellectual dialogue and the meaning of dialogic culture in Volovici's view; ii) the systematic presentation of the dimensions of Romanian antisemitism in the period between 1850 and 1940; iii) the presentation of the historical and sociological dimensions of the idea of writer in Romanian culture and iv) the remembrance of Volovici's identity in the context of his wanderings through distinct geographic spaces. Our conclusion is that all these dimensions are coherent with one another, making up the general image of Leon Volovici's work. (shrink)

This paper investigates three morphosyntactic alternations in Estonian – those between the exterior locative cases allative, adessive and ablative and the corresponding postpositionspeale‘onto’,peal‘on’ andpealt‘off’. Based on the Complexity Principle (e.g., Rohdenburg, Günter. 2002. Processing complexity and the variable use of prepositions in English. In Hubert Cuyckens & Günter Radden (eds.),Perspectives on prepositions, 79–100. Tübingen: Niemeyer), we expect cognitively more complex constructions to use more explicit (i.e., morphologically more substantial) marking by means of a postposition. Further, we expect variation to (...) be conditioned similarly in all three semantic categories. For each of the three alternations, a random sample of the two outcomes (case vs. postposition) from the Estonian National Corpus is used, resulting in 3,000 data points. Using properties of the Landmark phrase as independent variables in Bayesian mixed-effects logistic regression models, we predict the choice of postpositions over case-marked realisations. Of the patterns found, only the frequency-related one supports our complexity-related hypothesis. We conclude that the Complexity Principle, in its general form, has little explanatory power for the Estonian constructions at hand and, in particular, that the derived principle of ‘analytic support’ is not generally applicable. We show, however, that the grammatical knowledge of Estonian exterior locative cases and the corresponding postpositions is regulated by our three factors in a relatively uniform way. (shrink)

BackgroundFollowing several landmark rulings and increasing public support for physician-assisted death, in 2016, Canada became one of a handful of countries legalising medical assistance in dying (MAiD) with Bill C-14. However, the revised Bill C-7 proposes the specific exclusion of MAiD where a mental disorder is the sole underlying medical condition (MAiD MD-SUMC).AimThis review explores how some persons with serious and persistent mental illness (SPMI) could meet sensible and just criteria for MAiD under the Canadian legislative framework.MethodsWe review the (...) proposed Bill C-7 criteria (capacity, voluntariness, irremediability and suffering) as well as the nuances involved in separating a well-reasoned request for assisted suicide from what might be solely a manifestation of a SPMI.FindingsIn this paper, we argue against the absolute exclusion of patients with SPMIs from accessing MAiD. Instead, we propose that in some circumstances, MAiD MD-SUMC may be justifiable while remaining the last resort. Conducting MAiD eligibility assessments removes the need to introduce diagnosis-specific language into MAiD legislation. Competent psychiatric patients who request MAiD should not be treated any differently from other eligible candidates. Many individuals with psychiatric disorders will be incapable of consenting to MAiD. The only ethical option is to assess eligibility for MAiD on an individual basis and include as legitimate candidates those who suffer solely from psychiatric illness who have the decisional capacity to consent to MAiD. (shrink)

In recent years, the full text of papers are increasingly available electronically which opens up the possibility of quantitatively investigating citation contexts in more detail. In this study, we introduce a new form of citation analysis, which we call citation concept analysis (CCA). CCA is intended to reveal the cognitive impact certain concepts—published in a highly-cited landmark publication—have on the citing authors. It counts the number of times the concepts are mentioned (cited) in the citation context of citing publications. (...) We demonstrate the method using three classical highly cited books: (1) The structure of scientific revolutions by Thomas S. Kuhn, (2) The logic of scientific discovery—Logik der Forschung: Zur Erkenntnistheorie der modernen Naturwissenschaft in German—, and (3) Conjectures and refutations: the growth of scientific knowledge by Karl R. Popper. It is not surprising—as our results show—that Kuhn’s “paradigm” concept seems to have had a significant impact. What is surprising is that our results indicate a much larger impact of the concept “paradigm” than Kuhn’s other concepts, e.g., “scientific revolution”. The paradigm concept accounts for about 40% of the concept-related citations to Kuhn’s work, and its impact is resilient across all disciplines and over time. With respect to Popper, “falsification” is the most used concept derived from his books. Falsification is the cornerstone of Popper’s critical rationalism. (shrink)

Resumen: En la historia de la recepción de Samuel Beckett en los países de habla no inglesa, la primera traducción de Comment c’est al castellano, realizada por José Emilio Pacheco en 1966, aparece como un hito aislado y deslumbrante. Esta traducción a partir del texto original en francés, hecha por el poeta mexicano cuando tenía 27 años, no tuvo una repercusión notable en su momento, a pesar de la audacia de la empresa y de la brillantez de la traducción. Sin (...) embargo, a raíz de la trayectoria de Pacheco como crítico, traductor y poeta de primera magnitud, se considera necesario hacer una evaluación en profundidad de este texto único. El objetivo de este artículo es el de analizar la versión de Pacheco del texto beckettiano por medio de un acercamiento al contexto histórico y a los elementos propios de su bagaje cultural que el poeta aporta a la elaboración de su traducción. Se trata, en definitiva, de explicar cómo se lee a Beckett en español por medio de Pacheco.: The first translation into Spanish of Samuel Beckett’s Comment c’est, by José Emilio Pacheco, Cómo es, stands out as a dazzling and unprecedented landmark in the history of the reception of the Irish author in non-English-speaking countries. In his translation the 27-year-old Mexican poet took the French original version as his main source but, despite its daring quality and the brilliance of the text rendered into Spanish, it had little impact in the cultural atmosphere of its day. In light of Pacheco’s standing in the world of letters as a first-rank critic, translator and poet, it is deemed necessary a reassessment of this unique text. The aim of this article is to analyze Pacheco’s translation of Samuel Beckett’s novel; for this purpose, the historical context and the personal elements that the poet incorporated from his personal background into his version of Comment c’est will be studied in detail. All in all, the final objective of this research is to explain how Beckett is read in Spanish through Pacheco’s version. (shrink)

The main purpose of this article is to explore, from an ethical perspective, one particular branch of what is today called “spiritual medicine”: namely, prayer therapy. Several landmark studies in the literature will be thoroughly examined, respectively the classical study of Byrd (1988), the replica of Harris et al. (1999), and the controversial study of Leibovici (2001). Beginning with these studies and the related controversies surrounding them, the religious features and ethical consequences of prayer therapy are investigated. The ethical (...) aspects of prayer therapy – the informed consent issue, the issue of respecting bioethical principles, and the issue of medical competence in offering such techniques – are thoroughly addressed. Finally, an alternative way of framing the prayer therapy discussion is offered, in the context of public-private dichotomy. (shrink)

In agriculture, the principle of coexistence refers to a condition where different primary production systems can exist in the vicinity of each other, and can be managed in such a way that they affect each other as little as possible. Coexistence policies aim to ensure that farmers are able to freely grow the crops they choose—be they genetically engineered (GE), non-GE conventional, or organic. In the United States (US), the issue of coexistence has very recently come into sharp relief with (...) the introduction of Roundup Ready® (RR) alfalfa, a landmark court decision in 2007 (Geertson v. Johanns), and subsequent governmental actions, including the first Environmental Impact Statement on a GE crop. By contrast, in 2003 the European Union (EU) created a policy to manage coexistence and to address economic harms that may be caused by contamination. We briefly review the EU framework as an instructive resource. This policy analysis then looks at the US organic industry and its standards with respect to GE before turning to the case of RR alfalfa. With a focus on the field trial stage and on environmental assessments prior to market approval, the case reveals numerous problems in the existing regulatory framework as it pertains to coexistence and prevention of contamination of organic products with GE material. The paper concludes with specific policy recommendations for creating a more robust coexistence policy in the US. (shrink)

With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system (...) of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark. (shrink)

The UN Convention of the Rights of the Child (CRC) in the 1990s becomes a landmark and has now been ratified by every other country of the world. Bring hope for a better world—for all children was highlighted as one of the most far-sighted human right instrument in the convention. Yet access to basic livelihood needs such as clean drinking water, primary health services, primary education, recreation and other urban infrastructure becomes a nightmare for millions of children and youth (...) in the developing world and particularly in metropolitan cities in India. The Indian children are living in varying residential environment, comprised of residential colonies of rich, high-raised flats of middle and low-income groups and the economically weaker sections living in slums and squatter colonies. The conventional method of planning residential neighbourhood lacks in indentifying the varying needs of children while building urban infrastructure. As a result there is a large gap in getting access to basic livetihood needs for children of rich and poor. The basic question becomes, is the urban child and youth population just as a numerical variable in planning infrastructure needs in metropolitan cities? This article attempts to analyse the situation in some of the selected residential areas in Delhi. (shrink)

Adapted from Chan's (2000) model depicting success of litigation, this paper argues that with the application of various legislation, health maintenance organizations' (HMOs') violations of service fairness to each group: enrollees, physicians, and hospitals give rise to each group's lawsuits against the HMOs. Various authors (Bowen et al., 1999; Seiders and Berry, 1998) indicate that justice concepts such as distributive, procedural, and interactional justice can be applied to the area of service fairness. The violation of these underlying justice principles with (...) HMOs' service unfairness to enrollees, physicians, and hospitals is examined. A general synopsis of the ethical issues in the managed care industry is provided. The various lawsuits launched by each group: enrollees, physicians, and hospitals together with the key statutes used are discussed. This paper also highlights the provisions and ramifications of the 11 April 2000 landmark agreement that Aetna made with Texas Attorney General John Cornyn to settle the 1998 lawsuit brought against the company. Lastly, the current ethical issues in the managed care industry are further discussed. The value of this paper can be adapted to the study of organizations' service fairness violations in other industries or in the educational, governmental, and not-for-profit sectors both nationally and internationally. (shrink)

The connection between logic programming and formal argumentation has been studied starting from the landmark 1995 paper of Dung. Subsequent work has identified a standard translation from logic programs to argumentation frameworks, under which pairwise correspondences hold between various logic programming semantics and various formal argumentation semantics. This includes the correspondence between 3-valued stable and complete semantics, between well-founded and grounded semantics and between 2-valued stable and stable semantics. In the current paper, we show that the existing translation is (...) able to yield the additional correspondence between ideal semantics for logic programming and ideal semantics for formal argumentation. We also show that correspondence does not hold between eager semantics for logic programming and eager semantics for formal argumentation, at least when translating from logic programming to formal argumentation. Overall, the current work should be seen as completing the analysis of correspondences between mainstream admissibility-based argumentation semantics and their logic programming counterparts. (shrink)

Based on an analysis of a landmark case Lim Mey Lee Susan v Singapore Medical Council in Singapore where a doctor was professionally disciplined for over-charging a wealthy patient, a judgement upheld by the Singapore High Court, this paper will discuss the notion of an ‘ethical price’ (EP) and its determination with respect to the provision of healthcare services. It will first examine the limitations of a legal approach for setting an ethical limit to pricing. From there, it will (...) argue that Confucian philosophy provides a useful ethical framework to explore EP, with focus on the context of Singapore. The following question is addressed: What is an ethical pricing standard for medical practice from a Confucian perspective? The strengths and limitations of a Confucian value base as regards the determination of an objective EP will be analysed through an examination of the shortcomings of the doctor’s behaviour in the Susan Lim case as well as other case scenarios. The paper will conclude with some practical suggestions on how Confucian-based ideas can be applied to decision-making on pricing and the importance of this for medical professionalism and ethics teaching. (shrink)

Too often, the right to healthcare has been considered an illusory right that is not even a legal right, but merely an aspirational norm that cannot be adjudicated before the court. In modern human rights law, considering individual and social rights as interdependent and indivisible, such an approach is untenable. Both legal doctrine and recent case law from domestic and international courts have elaborated and confirmed the specific obligations under the right to healthcare, countering the general complaint of “shrouded vagueness”. (...) Landmark cases have even provided a functional remedy to enforce individual healthcare claims successfully. This paper will examine the revised legal status and content of such a right to healthcare from a European perspective. (shrink)

In 1987, a young woman named Angela Carder, pregnant and dying from cancer, was ordered by a court of law to undergo a cesarean delivery against her and her family’s wishes. She and her baby both died. Three years later, an appeals court took an extraordinary stand: it vacated the order that ended their lives and upheld pregnant women’s rights to informed consent and bodily integrity. The “unkindest cut of all,”1 it seemed, had been condemned by the courts.2 Yet shortly (...) before the twenty-year anniversary of this landmark case, the same rights were stripped from another young pregnant woman. In January of this year, oral arguments were heard in the case of Samantha Burton. She had been twenty-five weeks .. (shrink)

In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the (...) common law privacy right asserted that a free white man whose photograph is published without his consent in a city newspaper is like a slave in bondage? I argue that the jurisprudence of Pavesich need not be troubling. Pavesich’s natural law argument was supplemented by several positive law arguments. The positive law arguments were a strong enough basis for finding a right to privacy in the common law, as indeed Samuel Warren and Louis Brandeis had previously argued. The observation that the Pavesich court’s natural law argument ran alongside positivistic arguments suggests that the arresting, high-toned natural law and slavery appeals in Pavesich are inessential rhetorical throwaways. But I maintain that the natural law argument and slavery analogy features of Judge Andrew Jackson Cobb’s opinion extolling the “liberty of privacy” are (1) of critical importance to a full contextual understanding of the decision and (2) illuminate the contemporary case for recognizing invasions of privacy as civil injuries to freedom and self-determination. One can poke holes in the logic of Thomas Aquinas and John Locke as scholars have done for centuries. But one can as easily choose to celebrate the spirit of the natural law tradition. The natural law tradition represents efforts rhetorically, rationally, and intuitively to derive principles of justice and goodness from basic facts about human characteristics, needs, and desires, where otherwise binding sovereign law may fall short. (shrink)

The paper explores the role of good faith within the traditional theory of fiduciary duty in the lead-up of the Delaware Supreme Court’s Stone ex-rel. AmSouth Bancorporation v. Ritter decision. The enforcement of the director’s liability is discussed concerning the doctrinal controversies concerning inter alia, the reach of the exculpation statute passed after the Smith v Van Gorkon holding. The paper also analyzes the conditions that a Plaintiff must survive a motion to dismiss a claim of director liability; the appropriate (...) standard of review for alleged duty of liability breaches, and the role of good faith within the overall triad of traditional fiduciary responsibilities. Over a decade after this landmark case was decided, there is value in reconsidering whether the Stone judgment lived up to the promise of the Caremark holding and its reformulation of good faith as a judicial device for evaluating director liability in contexts that not do easily fit with the traditional doctrines of duty of care and loyalty. (shrink)

There is renewed scholarly interest in studying the dynamics of constitutional revolutions and the explanations for the rise of constitutional courts around the world. At the same time, there is growing discussion of democratic backsliding and concern that democracies are exhibiting extremism, weakening of opposition forces and constitutional courts, and violations of civil and political rights that are pertinent to vibrant democracies. Scholars try to study both phenomena and understand the relationship between them. Israel is an important case study for (...) both agendas. This Article analyzes the jurisprudence of Aharon Barak, one of the greatest jurists of our time with a worldwide reputation for revolutionizing both Israeli constitutional law and comparative constitutional law. It explains the tactics and strategy used by Barak to revolutionize Israeli constitutional law on issues of reasonableness, proportionality, standing, justiciability, constitutional review, equality, and supra-constitutional law. It reveals how each revolution paved the way for the next. It offers explanations for the effectiveness of these judicially-led revolutions as well as possible bases for their legitimation. Barak was a common law judge and ultimately treated parliamentary sovereignty as a doctrine arising from common law and constrained by common law, though he never quite put it in these terms. The Article concludes with explanations for the political backlash experienced by the current Israeli Supreme Court that some have characterized as democratic backsliding. It argues that the Court contributes to the development of law as part of a dialog and interaction between the different branches of government. As the Court operates within these dynamics, it must understand and take into account the institutional, political, and social environments in which it operates to preserve legitimacy and achieve efficacy. Barak was a strategic player that laid foundations for an expansive judicial power, but his Court was very prudent in utilizing that power. His successors may have contributed unintentionally to the backlash against the Court by following Barak’s substantive jurisprudence, but not necessarily his prudent tactics and strategy. (shrink)

The pressing and universally relevant issue of euthanasia is debated in this volume. Euthanasia has become increasingly contentious as populations age, and medical and scientific advances continue to transform and extend life. Euthanasia - Choice and Death examines the key philosophical arguments that have underpinned thinking and practice up till now: the centrality of choice to our notion of the human being, and the challenge of changes to our concept of death in the face of medical, scientific and technological advances. (...) Gail Tulloch develops a conception of dignity that does not depend on religious assumptions and can promote a broad ethical consensus in a liberal democracy. Examination of landmark cases and the approaches adopted by key countries - the U.S.A., the U.K., the Netherlands, and Australia - ground the book. (shrink)

The purpose of this contribution is to analyse climate change litigation in an innovative way, considering it as an example of “privatisation” of international law, and unravelling the “ecological” side of conflict-of-laws climate change litigation. The paper will first explain the concept of privatisation of law as applied to international law and what it means in the context of climate change litigation, before moving to a landmark case, whose appeal is still pending in front of a domestic court in (...) Europe: Milieudefensie et al. v. Royal Dutch Shell plc. The focus of the analysis of the cases will be limited to the use of the conflict-of-laws mechanism present in the Rome II Regulation, namely Article 7. The paper critically assesses the principle of ubiquity included in this provision, by looking at the concept of “event giving rise to the damage” as applied in CO2 reduction claims in the existing legal scholarship and using an underexplored ecofeminist perspective. Inspired by the work “A relational feminist approach to conflict of laws” by Roxana Banu (2017), the paper argues for a relational understanding of the concept of “event” and goes further to consider in an ecofeminist perspective the environment as composed of human, non-human beings and natural objects, and of their relations with each other. The article is meant to be a starting point for further research, which for the first time applies ecofeminist theories to private international law. (shrink)

For most of the 20th century, the condom in the United States was a cheap, useful, but largely unmentionable product. Federal and state statutes prohibited the advertising and open display of condoms, their distribution by mail and across state lines, and their sale for the purpose of birth control; in some states, even owning or using condoms was illegal. By the end of World War I, condoms were increasingly acceptable for the prevention of sexually transmitted disease, but their unique dual (...) function—for disease prevention and contraception—created ongoing ambiguities for sellers, consumers, and distributors as well as for legal, political, health, and moral leaders. Not until the 1970s did condoms emerge from the shadows and join other personal hygiene products on open drugstore and supermarket shelves and in national advertisements. Then came the 1980s and AIDS when, despite the rise of Ronald Reagan, the radical right’s demonization of condoms, and the initial reluctance of condom merchants to market to gay constituencies, the HIV/AIDS epidemic slowly but inexorably propelled the condom to the top of the prevention agenda. The condom’s journey from lewd device to global superstar was fitful, but colorful. The Comstock Act of 1873, prohibiting birth control information and devices, created a vast underground operation—periodically illuminated, however, by arrests, protests, legal proceedings, and media coverage. This essay chronicles one such moment of illumination: the legal battle in the 1920s and 1930s over the legitimacy and legality of the Trojan Brand condom trademark and the unusual series of advertisements produced by the Youngs Rubber Corporation, makers of Trojans, to dramatize the ethical and economic issues of the trademark battle. Culminating in Youngs Rubber Corporation v. C.I. Lee & Co., Inc. , this landmark case in trademark law established the right of the Trojan Brand condom, despite its ambiguous dual function, to the protection of a federal trademark. I seek to show how the Youngs antipiracy ad series illuminates the paradox of visibility by illuminating the paradox of any binary division: to establish the one depends inevitably on invoking or making visible—even if to suppress—the other. This essay is a case study in the negotiation of such a dialectic. (shrink)

The International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons in 1996 was a landmark case because, for the first time in history, the legal aspect of nuclear weapons was addressed. The decision has evoked controversies regarding the Court’s conclusion, the legal status of international humanitarian law in relation to nuclear weapons, and a newly introduced concept of state survival. While much legal scholarship discusses and criticizes the legal significance of the (...) opinion, there has not been enough scholarship examining the Court’s specific choice of words and concepts that sustain its wider ideological and political position in the opinion. The paper argues that the Court’s vague and controversial logic is attributed to its confrontation with two international orders/codes: the legal order and the political order. The paper engages in legal semiotics as methodology to decode legal text and discover a deep structure that sustains networks of codes, according to which text is interpreted. Through the semiotic examination of three sets of key concepts “permitted” and “prohibited,” “threat of use” and “possession of the weapon,” and “state survival,” the paper shows the ICJ’s confrontation with two orders/codes and eventual prioritization of the political order over the international legal order. The analysis of the opinion based on legal semiotics indicates an intimate and inseparable relationship between state practice and international law, which must be disentangled for the sake of the rule of law. (shrink)

Combines documents and analytical essays timed for the bicentennial in 2003. It explains the constitutional, political, philosophical background to judicial review, the historical record leading to this landmark case and the impact of the decision since 1803.

The United Kingdom case R v Lee EWCA Crim 1404 resulted in a pharmacist being convicted for an inadvertent dispensing error and paved way for the decriminalisation of such errors by way of a due diligence defence enacted in 2018. In relation to Hong Kong, what is its legal position for dispensing errors, and can it follow the decriminalising steps of UK? The primary objective of this paper is to explore whether and how HK can reach the normative position for (...) a dispensing error legal regime: I posit that the normative position for healthcare professional liability for dispensing errors should prioritise the public interest of minimisation of future dispensing errors over the retribution of past wrongs; I illustrate HK’s current position for the liabilities of HCPs on dispensing errors, focusing analysis on the relatively controversial aspects of HK’s criminal liability, referencing the landmark cases Hin Lin Yee v HKSAR 13 HKCFAR 142 and Kulemesin v HKSAR 16 HKCFAR 195 to assist my analysis of the requisite mental element for relevant statutory offences; through comparison with UK’s development post-R v Lee and application of Rule of Law principles, HK’s current position is critiqued, coming to the conclusion that while there are compelling reasons for the decriminalisation of dispensing errors in HK, the prerequisite for this to happen is an overhaul of regulatory frameworks by significantly increasing levels of accountability. (shrink)

Modelling reasoning with legal cases has been a central concern of AI and Law since the 1980s. The approach which represents cases as factors and dimensions has been a central part of that work. In this paper I consider how several varieties of the approach can be applied to the interesting case of Popov v Hayashi. After briefly reviewing some of the key landmarks of the approach, the case is represented in terms of factors and dimensions, and further (...) explored using theory construction and argumentation schemes approaches. (shrink)

While Corporate Social Responsibility (CSR) is often seen to involve voluntary and deliberative approaches such as certification, governments have recently stepped into the picture through national legislation. France’s Law on Duty of Vigilance adopted in 2017 is a landmark case of such legislation. Years of voluntary CSR certification schemes led by Civil Society were replaced by a new philosophy of fighting for mandatory CSR controlled by a judge. We depict the change of mindset and the related change of roles (...) inside the coalition of Civil Society actors represents a Machiavellian Moment. The combination of collective civil society actors’ roles (namely nongovernmental organizations and labor unions) as Machiavellian _Virtue_ with disruptive events as Machiavellian _Fortuna_ made the law’s adoption possible. Based on this case study, we provide an analysis of civil society roles in the development of CSR-related legislation. (shrink)

This landmark study examines the role played by the rediscovery of the writings of the ancient atomists, Epicurus and Lucretius, in the articulation of the major philosophical systems of the seventeenth century, and, more broadly, their influence on the evolution of natural science and moral and political philosophy. The target of sustained and trenchant philosophical criticism by Cicero, and of opprobrium by the Christian Fathers of the early Church, for its unflinching commitment to the absence of divine supervision and (...) the finitude of life, the Epicurean philosophy surfaced again in the period of the Scientific Revolution, when it displaced scholastic Aristotelianism. Both modern social contract theory and utilitarianism in ethics were grounded in its tenets. Catherine Wilson shows how the distinctive Epicurean image of the natural and social worlds took hold in philosophy, and how it is an acknowledged, and often unacknowledged presence in the writings of Descartes, Gassendi, Hobbes, Boyle, Locke, Leibniz, Berkeley. With chapters devoted to Epicurean physics and cosmology, the corpuscularian or "mechanical" philosophy, the question of the mortality of the soul, the grounds of political authority, the contested nature of the experimental philosophy, sensuality, curiosity, and the role of pleasure and utility in ethics, the author makes a persuasive case for the significance of materialism in seventeenth-century philosophy without underestimating the depth and significance of the opposition to it, and for its continued importance in the contemporary world. Lucretius's great poem, On the Nature of Things, supplies the frame of reference for this deeply-researched inquiry into the origins of modern philosophy. (shrink)

This paper analyses the role of a code of ethics for judges in connection to a contemporary definition of responsive ‘T-shaped’ judicial professionalism and the professional-ethical questions which can arise in judicial decision-making regarding politically and societally controversial issues. The paper’s case study focuses on climate-change related litigation in Dutch courts. First, a theoretical framework which conceptualises practical and ethical elements of T-shaped judicial professionalism as ‘virtuous judgecraft’, building on the work of Kritzer and Van Domselaar, addresses the knowledge, skills, (...) and ethical mindset that judges need for fulfilling their roles in relation to this notion of professionalism. Next, the paper analyses to what extent connections with guidelines of the Dutch Guide to Judicial Conduct (GJC), considered in light of the developed framework of virtuous judgecraft, can be recognised in the approaches of judges in the landmark Urgenda judgments. Based on this analysis, the paper presents conclusions regarding the value of the GJC for enhancing judicial performance and for explaining judgments, in particular those which involve complex societal issues, to parties and the general public. (shrink)

This case study discusses the scope of responsibilities and the basis of legitimacy of multinational corporations in a complex operating environment. In January 2013 a precedent was set when Shell was held liable in The Hague for oil pollution in the Niger Delta. The landmark ruling climaxed the ongoing dispute over the scope of Shell’s responsibilities for both the company’s positive and negative impact. Shell’s was considered a forerunner in corporate social responsibility and had even assumed public responsibilities in (...) a context of a public responsibility void. However, the company remained a regular target of civil society activism and legal proceedings concerned with malpractice. The court case attracted international attention for its novelty and increasing media and civil society pressure required immediate action. How can Shell respond to this negative publicity to keep its license to operate? What is the scope of the company’s responsibilities in such a controversial human rights context? Students are expected to discuss these questions going beyond a simple moralistic or liability thinking. They are encouraged to take into account the complex structural processes that connect persons and institutions in very different social and geographical positions. The experiences of Shell are an excellent case in point since attention is drawn to the background conditions of globally operating companies, in which the isolation of perpetrators based on causality is not realistic. The case also reveals the particular challenges, which MNCs face in the context of increasing demands to take on public responsibilities while respecting their economic mandate. (shrink)

The classic case for why government must support science—with a new essay by physicist and former congressman Rush Holt on what democracy needs from science today Science, the Endless Frontier is recognized as the landmark argument for the essential role of science in society and government’s responsibility to support scientific endeavors. First issued when Vannevar Bush was the director of the US Office of Scientific Research and Development during the Second World War, this classic remains vital in making the (...) case that scientific progress is necessary to a nation’s health, security, and prosperity. Bush’s vision set the course for US science policy for more than half a century, building the world’s most productive scientific enterprise. Today, amid a changing funding landscape and challenges to science’s very credibility, Science, the Endless Frontier resonates as a powerful reminder that scientific progress and public well-being alike depend on the successful symbiosis between science and government. This timely new edition presents this iconic text alongside a new companion essay from scientist and former congressman Rush Holt, who offers a brief introduction and consideration of what society needs most from science now. Reflecting on the report’s legacy and relevance along with its limitations, Holt contends that the public’s ability to cope with today’s issues—such as public health, the changing climate and environment, and challenging technologies in modern society—requires a more capacious understanding of what science can contribute. Holt considers how scientists should think of their obligation to society and what the public should demand from science, and he calls for a renewed understanding of science’s value for democracy and society at large. A touchstone for concerned citizens, scientists, and policymakers, Science, the Endless Frontier endures as a passionate articulation of the power and potential of science. (shrink)

Unfortunately, there are still cases of domestic violence or situations where it is necessary to call for help without arousing the suspicion of the aggressor. In these situations, the help signal devised by the Canadian Women’s Foundation has proven to be effective in reporting a risky situation. By displaying a sequence of hand signals, it is possible to report that help is needed. This work presents a vision-based system that detects this sequence and implements it in a social robot, (...) so that it can automatically identify unwanted situations and alert the authorities. The gesture recognition pipeline presented in this work is integrated into a cognitive architecture used to generate behaviours in robots. In this way, the robot interacts with humans and is able to detect if a person is calling for help. In that case, the robot will act accordingly without alerting the aggressor. The proposed vision system uses the MediaPipe library to detect people in an image and locate the hands, from which it extracts a set of hand landmarks that identify which gesture is being made. By analysing the sequence of detected gestures, it can identify whether a person is performing the distress hand signal with an accuracy of 96.43%. (shrink)

Since several landmark legal decisions in the 1970s and 1980s, substituted judgment has become widely accepted as an approach to decision‐making for incapacitated patients that incorporates their autonomy and interests. Two notable exceptions have been cases involving minors and those involving cognitively or psychiatrically impaired individuals who never previously possessed the ability to contemplate the medical decisions involved in their care. While a best interest standard may have universal merit in pediatric cases, this paper argues that substituted (...) judgement has been rejected too broadly for “never‐capacitated” patients. It then lays out a three‐condition test for using substituted judgment in these cases. For a subset of “never‐capacitated” patients who belong to distinctive religious or cultural communities with clear medical values and have an appropriate surrogate, these values may prove helpful in vindicating the interests of the never‐capacitated and should not be blanketly dismissed. (shrink)

Recalling the landmark US Supreme Court case Brown v. Board of Education, the advancement of educational equality is often associated with the reduction of stigmatizing differences in status or “sense of inferiority” engendered by separately and differentially educated citizens. This essay takes up the obverse concern, the sense of superiority sustained by educational inequality, with particular focus on the inequality signaled by higher education status. I contend that the presence of aggrandized HES in a democratic society provides reasons to (...) object to educational inequality for which institutions of higher education ought to be held responsible. Aggrandized HES not only demands a questionable deference from citizens in a democratic society; it also weakens HES’s signaling of epistemic authority and equality of educational opportunity, which harms the public’s motivation to learn by distorting beliefs about education. To address this problem, I argue that the best policy solution for curbing aggrandized uses of HES is to transform the positional aspect of higher education using an admissions policy originally suggested by Elizabeth Anderson, which I term the elite culture strategy. Beyond admissions policies, this essay addresses the larger concern of educating citizens to perceive and assess educational status according to democratic norms and not solely in terms of self-interested gain. (shrink)

In her landmark book, Language, Thought, and Other Biological Categories (Millikan1984),1 Ruth Garrett Millikan utilizes the idea of a biological function to solve philosophical problems associated with the phenomena of language, thought, and meaning. Language and thought are activities of biological organisms, according to Millikan, and we should treat them as such when trying to answer related philosophical questions. Of special interest is Millikan’s treatment of intentionality. Here Millikan employs the notion of a biological function to explain what it (...) is for one thing in nature, a bee dance (43), for example, to be about another, in this case, the location of a nectar source. My concern in this paper is to understand whether Millikan’s account of intentionality adequately explains how humans achieve reference, in language or thought, to individuals and groups in their environment. In bringing her theory of intentional content to bear on human activities, Millikan focuses largely on natural language. Thus, in what follows, I begin by laying out the biology-based principles that underlie Millikan’s theory of content, then proceed with an explanation of how the theory is to apply to natural language. As it appears, Millikan’s account of how content is determined for natural language terms and sentences rests on the determinacy of intentional content at the psychological level. This leads me to take a careful look at what Millikan says about the content of mental representations, in hopes of finding a sufficient basis there for the application of Millikan’s theory of content to natural language. Ultimately, I conclude that Millikan’s theory faces a problem of vacuity. If we approach the theory as a theory of intentional content, intended to explain the nature of reference, the theory is lacking in an extremely important respect: Millikan explains how it could be one of the biological functions of a mental or natural language term to refer, without telling us precisely what in the natural order constitutes the reference relation.. (shrink)