In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.3 (2002) 305-323 [Access article in PDF] Scope Note 41 Bioethics and Cloning, Part I Susan Cartier Poland and Laura Jane Bishop This is Part One of a two part Scope Note on Bioethics and Cloning. Part Two will be published in the December 2002 issue of the Kennedy Institute of Ethics Journal and as a separate reprint. Contents For Parts 1 And (...) 2 Part 1Part 2I.History of the ScienceI.Ethical PerspectivesII.Historical CommentaryII.Religious PerspectivesIII.Animal WelfareIII.Fiction and FilmIV.Laws and Legal Literature"Clone" is a collective noun (I, Stewart 1997, p. 771). A collective noun names a group and is composed of individual members, such as "herd" or "flock." Derived from the Greek kl¯on for twig or slip, "clone" was first used in biology to describe the aggregate of asexually produced progeny of an individual, either naturally occurring or man-made; the definition later expanded to mean a group of genetically identical members who originate from a single ancestor. Thus, a clone is a group that results from the process of asexual reproduction.In nature, cloning occurs either by parthenogenesis (reproduction without fertilization) or by fission (embryo splitting). In a pioneering experiment in 1952, Robert Briggs and Thomas J. King (I, 1952), cancer researchers at the Institute for Cancer Research (today part of the Fox Chase Cancer Center) in Philadelphia, demonstrated on frogs another method of cloning by transplanting nuclei into enucleated cells, a technique called "nuclear transplantation," which John B. Gurdon and colleagues (I, 1958, 1975) used to create clones of frogs.Then, in the late 1970s and early 1980s, two back-to-back frauds in cloning occurred. First, the cloning of a human described by American science journalist David Rorvik in the 1978 book In His Image was called a hoax by a court in [End Page 305] 1982. Second, the cloning of three mice, announced by German wunderkind Karl Illmensee to scientific circles in 1979 (and to the public in 1981), could not be proven to be true, according to convincing evidence by McGrath and Solter (I) published in 1984.With their pronouncement that mammalian cloning was impossible, McGrath and Solter essentially stopped cloning research and funding for such biological research. So by the mid-1980s, instead of further investigating cloning, developmental biologists studied embryology related to in vitro fertilization, while molecular biologists studied recombinant DNA under the newly relaxed NIH guidelines. These two strands of scientific investigation came together in the work of Ian Wilmut, who created in vitro embryos using nuclear transplantation to reproduce genetically engineered cattle. Wilmut was seeking a way to increase the successful birth rate when, in the 1990s, he produced identical twin sheep, Megan and Morag, cloned from an embryonic cell, followed by another sheep, Dolly, cloned from an adult cell. The birth of a mammal from an embryo whose genetic material came from an adult cell firmly re-established the possibility of cloning from adults. Prior to Dolly's birth, scientists believed that adult cells lost the ability to dedifferentiate—i.e., to become unspecialized—and so could not direct the development of an embryo through to birth.The 1997 announcement of Dolly's birth initiated the present widespread discussion of cloning. Because of its potentially vast applications across human health, medicine, agriculture, and business/economics, cloning raises a host of issues including those concerning: genetics and genetic engineering, patenting, animal rights and/or animal welfare (especially for transgenic, research, or cloned animals), organ transplantation, reproduction, eugenics, pharmacology (drug production using transgenic animals), research practices, informed consent, stem cell research, women's rights, children's rights, parental rights and responsibilities, and theology and philosophy. It fosters questions about the meaning and purpose of life, the limits of human powers to intervene in research and therapy, and what it means to be human or animal. In addition, environmentalists and organic farmers raise concerns about the effect of novel animals and plants on the environment, while nutritionists and the lay public wonder... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 211-218 [Access article in PDF] Bioethics, Biolaw, and Western Legal Heritage Susan Cartier Poland Bioethics and biolaw are two philosophical approaches that address social tension and conflict caused by emerging bioscientific and biomedical research and application. Both reflect their respective, yet different, heritages in Western law. Bioethics can be defined as "the research and practice, generally interdisciplinary in nature, which aims (...) to clarify or resolve ethical questions raised by the advances and application of biomedical and biological sciences" (II, Miller 2000, p. 246). Biolaw, on the other hand, is a legal philosophical concept that can be defined as "the taking of agreed upon principles and practices of bioethics into law with the sanctions that law engenders" (p. 246). Some see biolaw as hierarchical, either evolving from or devolving into bioethics (p. 245), while others think of bioethics and biolaw as a continuum or gradation (p. 246). Whichever view one takes, bioethics and biolaw are, at the least, intertwined (II, Loureiro 2000, p. 71).Although bioethics came out of the U.S. in the 1970s, the field is now considered Anglo-American (II, Kemp 2000a, p. 67). Biolaw emerged in the 1990s from the French biodroit and has become associated with continental Europe (p. 68). These distinctions, however, are based on geopolitical entities. Another way to distinguish bioethics from biolaw is to look at their legal heritage and understand the differences between the common law and the civil law.Bioethics and biolaw share a Western legal heritage, specifically roots in Roman law. When the Roman empire in the West fell to Germanic tribes in 476 A.D., the Romans had developed a sophisticated system of law that included flexible standards and abstract, rather than concrete, modes of thought. In 528, Justinian, emperor of the surviving Roman empire in the East at Constantinople, ordered a compilation and consolidation of Roman law. Despite the rise of seventh century Islam, the split of the Christian church into eastern and western branches in 1054, and the Norman conquest of England in 1066, Roman law survived through the courts of canon law and was revived later in the twelfth century at the University of Bologna in Italy. By 1500, what would later become France and Germany had [End Page 211] "received" or recognized Roman law, albeit in varying degrees. Not a single event, the Reception, or "direct acceptance of Roman law as a principal source of law," is the definitive turning point in Western legal history that eventually produced the common law and civil law strands (I, Von Mehren 1957, p. 10).England, however, did not participate in the Reception, although its influence was felt at Oxford University, where Vacarious taught its precepts in 1151, and in the courts of canon law (I, Von Mehren 1957, p. 10). William the Conqueror already essentially had established the common law tradition when he merged Anglo-Saxon law with Norman law and created a centralized system of justice administration for the single fiefdom known as England.Aside from historical development, the common law and the civil law differ from other legal families in terms of their modes of thought, institutions, sources, and ideology (I, Zweigert and Kotz 1977, p. 62). In the common law, Roman legal concepts were shaped by Christian ethics through the canon law courts. In the civil law, Roman law became the basis for a legal science centered in the universities and interpreted by various schools, such as the commentators, the glossators, and the humanists. The civil law uses a central text as the starting point for legal reasoning and analysis. The common law develops over time through case law, that is, by judges applying principles from preceding cases to resolve the issue at hand. One writer describes the common law as "anything that is not prohibited is permitted" and the civil law as "anything that is not permitted is prohibited" (I, Karambelas 2005, p. 28).The common law and the civil law are only two of the three traditions in Western law. The third is socialist law. All three are... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Commissions: Town Meetings with a “Blue, Blue Ribbon”Susan Cartier Poland (bio)Town meetings are characteristic of New England. In theory, a quorum of registered voters in a small municipality meets annually to decide local public policy. In fact, special interests and the town bureaucracy control the meeting.Like a town meeting, a commission (or committee or council) comes into being, whether on an ad hoc or permanent basis, to (...) direct a government function. Bioethics commissions specialize in one area: the intersection of public policy with developments, either real or anticipated, in the basic and applied sciences.That specialization of commissions carries over into the selection of the members. More often than not commission members are appointed on the basis of expertise in a specific area. Although some commissions are still made up entirely of one kind of expert, usually medical, the majority of these government bodies seek breadth between the fields of law, religion, ethics, and science (including medicine and the social sciences).In the words of Mrs. Rigenbach, the law clerk to Chief Judge Carl B. Rubin of the United States District Court for the Southern District of Ohio, selection of persons “knowledgeable in the field” constitutes a “blue, blue ribbon” jury. In contrast, a “blue ribbon” jury is composed of those persons having “the greatest amount of formal education” (In re Richardson-Merrill, Inc. (Bendectin litigation), 624 Federal Supplement 1212 at 1217 (1985)). The problem with persons knowledgeable in the field is that their minds may have already been made up. For a jury, this is a disaster; for a bioethics commission, this directs and shapes the research, investigation, and discussion, or, in short, it makes for more efficient decision making.For this Scope Note, the definition of commission begins with the Bioethicsline description of its index term “advisory committees” as committees or commissions set up to advise government bodies on public policy. Furthermore, a commission [End Page 91] (or committee) receives government funding and support in exchange for its expertise in research, investigation, reporting, and recommendations.Six functions served by bioethics commissions have been clearly and succinctly described by LeRoy Walters (Commissions and Bioethics. Journal of Medicine and Philosophy 14 (4): 363–68, August 1989). The functions are: (1) to legitimize action; (2) to delay action or resolution; (3) to identify duplication; (4) to be representative; (5) to do research and find facts; and (6) to provide education and support (pp. 364–65). Since 1989, however, another government function has moved to the forefront. Instead of remaining within the legislative arena, government commissions serve the judiciary as well, in cases involving complex and technical questions. The now defunct Law Reform Commission of Canada recognized this use when it included in its annual reports a section on its “Influence on Law Reform through Judicial Decisions.”In mid-1997, the United States Supreme Court in its consolidated cases on assisted suicide used extensively the writings from a state commission, the New York State Task Force on Life and the Law, to support its rationale. Not only did the Court make use of the Task Force’s work, but in so doing the Court extended the efforts of the commission beyond its jurisdiction of New York into another jurisdiction on the opposite coast, Washington state. Furthermore, although the commission was chartered by one state, through the federal court system, its influence became national.Outside the U.S., the United Nations recently adopted its first bioethics text on the ethics of genetic research, and Canada is reworking its human research guidelines into a single set of guidelines that will apply to research in both the natural sciences and the social sciences.This Scope Note attempts to compile for the researcher and the reference librarian those commissions, existing and defunct, that have addressed bioethics issues. Only one other such attempt is known to the author, an Office of Technology Assessment [OTA] Background Paper, Biomedical Ethics in U.S. Public Policy (1993). Due to space limitations, not all publications could be listed; the selections included represent the range of topics from a particular group or the more frequently cited sources. Future updates of this compilation are planned, so please notify the... (shrink)

Martial wrote about himself and his participation in the everyday life of Rome more than any other extant poet of the post-Augustan Principate. More particularly, dozens of his epigrams describe the life of the ordinary client and his treatment by great and often arrogant patrons. Unfortunately for social and literary historians, however, Martial was writing satirical epigrams, not autobiography. Consequently, his poetry cannot be taken at face value as a direct reflection of Roman life. With regard to literary (...) patronage, the difficulties of interpretation have allowed modern scholars to reach diametrically opposed conclusions. One editor and commentator baldly labelled Martial ‘a chronic beggar’ who ‘despite his numerous friends and the many patroni to whom he paid court,…dragged on a hand-to-mouth existence’. In a recent and more detailed study, on the other hand, Martial is portrayed as a man of independent means, who looked to his powerful amici not for financial support so much as for help in publicizing his work and for protection in literary squabbles. (shrink)

This article discloses topical issues of the need for constant monitoring of changes in the business activity in enterprise structures. The main purpose of the study is to monitor the business activity of industrial enterprise structures of Ukraine to predict their development under martial law. A critical analysis of the content of scientific publications to solve the problem of improving the management of business activity of business structures revealed the lack of attention of scientists to the problems under study. (...) The relevance of its solution is due to the scale of the impact of military conflicts on the business activity in enterprise structures, which requires its monitoring to further establish the state and ensure compliance of the business with the norms that are considered necessary to maintain a certain level of stability of development or to survive, to determine areas where the business can improve its activities and become more profitable. The methodological basis is the system of methods used to obtain the final results of the study: theoretical generalization – to deepen the essence of the concept of «monitoring business activity»; analysis, synthesis and logical generalization – to obtain conclusions during monitoring of business confidence and business climate in industry; prognostic – to predict the development of industrial business structures of Ukraine under martial law. The object of research in the work is the business activity of business structures. The article presents the results of monitoring business confidence and business climate in the industry of Ukraine under martial law. Analysis, synthesis and logical generalization of monitoring results became the basis for further forecasting the development of business structures. The results of the study can be useful for business structures that seek to maintain a certain level of stability of development and identify areas of improvement. (shrink)

First published in 1985, D. M. Armstrong's original work on what laws of nature are has continued to be influential in the areas of metaphysics and philosophy of science. Presenting a definitive attack on the sceptical Humean view, that laws are no more than a regularity of coincidence between stances of properties, Armstrong establishes his own theory and defends it concisely and systematically against objections. Presented in a fresh twenty-first-century series livery, and including a specially commissioned preface written by Marc (...) Lange, illuminating its continuing importance and relevance to philosophical enquiry, this influential work is available for a new generation of readers. (shrink)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

In this sequence of philosophical essays about natural science, the author argues that fundamental explanatory laws, the deepest and most admired successes of modern physics, do not in fact describe regularities that exist in nature. Cartwright draws from many real-life examples to propound a novel distinction: that theoretical entities, and the complex and localized laws that describe them, can be interpreted realistically, but the simple unifying laws of basic theory cannot.

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 16.4 (2006) 379-396MuseSearchJournalsThis JournalContents[Access article in PDF]Pharmacists and Conscientious Objection *In March 2005, a Wisconsin pharmacist's act of conscience garnered headlines across the United States. After a married woman with four children submitted a prescription for the morning-after pill, the pharmacist, Neil Noesen, not only refused to fill it, but also refused to transfer the prescription to another pharmacist or to return the prescription (...) to the customer. As more such incidents occurred, many states "... decided to consider and enact laws setting the bounds of pharmacists' and other health care workers' professional obligations" (III, Grady 2006, p. 327). Discussions of objector legislation, also referred to as "conscience clauses," "refusal clauses," and "abandonment laws" (III, Appel 2005, p. 279), are not limited to professional ethics, but also draw from philosophical, theological, and legal perspectives. The purpose of this Scope Note is to present a wide variety of viewpoints on the health provider's right to conscience.More than 40 years ago the development of "The Pill" as the first reliable method of birth control not only ushered in a feminist revolution, but also provided a new focus for concerns of conscience for those who were part of the anti-abortion movement based on religious belief in the sanctity of life. Similarly, in the past ten years, worldwide, and seven years (1999) since the emergency contraception "morning after" pill first became available as a prescription item, there has been an upsurge in the number of medical personnel who refuse to prescribe or dispense it on grounds of personal conscience, whether for religious reasons or not. Their actions bring into play issues of power and control for health care personnel and for patients—in this case women, which also raises women's rights issues. Ironically, studies in France, Sweden, and the United Kingdom have shown that emergency contraception does not reduce the abortion rate—it is too infrequently used (II, Glasier 2006).It is important to underline the difference between the "morning-after" pill or "Plan B," which is made up of two progestin pills containing levonorgestrel (a synthetic derivative of the female hormone progesterone), and RU-486 (Mifiprex [End Page 379] or mifipristone with misoprostol). Plan B, if taken within 72 hours post-coitus prevents implantation, and therefore pregnancy, by suppressing the output of luteinizing hormone, the hormone that triggers the ovulation process. Scientists have been unable to determine whether this action could destroy already fertilized eggs, but even if it does, it uses the same mechanism as occurs with the birth-control pill, that was developed some 45 years ago. By contrast, RU-486 acts up to 49 days after implantation by blocking the action of progesterone in order to terminate the pregnancy and as such is an abortifacient (II, US FDA 1).On 24 August 2006, the U.S. Food and Drug Administration announced approval of the Plan B pill for over-the-counter (OTC ) sales (II, US FDA 2). Although this action makes the drug more widely available, it remains to be seen whether pharmacists who are conscientious objectors and who refuse to dispense it also will refuse to provide it OTC.A survey article by Rebecca Dresser (II, 2005, p. 9) succinctly sums up the problem for conscientious objectors: "Because emergency contraception can act to block implantation of a fertilized egg, people who believe in protection of human life after conception find it morally objectionable."When conscientious objections are raised over abortion or birth control services performed, prescribed, or dispensed, they affect not only the health professionals—physicians, pharmacists, nurses, and health technicians—who may object, as well as their colleagues and/or managers, but also the consumers: the female patients who are then forced to reconsider or to seek an alternative supplier, as well as their spouses or partners. Alta Charo (II, 2005, p. 2473) makes the point that the patient needs to have access to a system of counseling and referral "so... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.1 (2002) 103-113 [Access article in PDF] Scope Note Update Searching Across Boundaries: National Information Resource on Ethics and Human Genetics* While indeed an historical moment, the announcement of the mapping of the human genome has been treated in the literature as a beginning—a new way to think about biology and the ways in which biological concepts are applied to medicine. Issues of both (...) Science and Nature magazines celebrated the event by establishing interdisciplinary websites where readers can access essays on aspects of genome mapping and directly link to databases to search for more information on the topics (IV. Genome Gateway 2001; The Human Genome 2001). Since 1994, the National Information Resource on Ethics and Human Genetics (NIREHG), a special project of the National Reference Center for Bioethics Literature (NRC), has been providing such an integrated information service on ethics and genetics. Designed to enable a wide range of users to go from annotated bibliographies (Scope Notes) and brief essays (called "enotes") to database searching, NIREHG fosters an interdisciplinary approach to research on ethics and genetics. Links are provided between and among Scope Notes and enotes to information maintained on the NIREHG site as well as to sources found throughout the Internet. In providing the following annotations added to NIREHG materials since 1997, the Kennedy Institute of Ethics Journal (in its online presence through Project Muse) becomes an additional forum for NIREHG links. "It is a rare and wonderful moment when success teaches us humility, and this, I argue, is precisely the moment at which we find ourselves at the end of the twentieth century" (IV. Keller 2000, p. 7). It is with both joy and humility that we celebrate the mapping of the human genome. [End Page 103] I. Genetic Testing Andrews, Lori B. Future Perfect: Confronting Decisions About Genetics. New York: Columbia University Press, 2001. 264 p.Noting the wide impact of genetic testing, Andrews discusses patient self concept, reproduction decisions, confidentiality, discriminations in health insurance and employment, the need for competent counseling, and the legal, ethical, and social regulations she deems important to help solve dilemmas arising from the tests and their ensuing ramifications. She describes three models, pointing out both advantages and problems: a medical model with physician gatekeepers, a public health model that could provide education as well some testing for those unable to afford tests, and a fundamental rights model that could give greater weight to individuals decisions about the use of health care services. The book has 85 pages of footnotes.American Society of Human Genetics. Social Issues Subcommittee on Familial Disclosure. Professional Disclosure of Familial Genetic Information. American Journal of Human Genetics 62 (2): 474-83, February 1998.The ASHG statement outlines points to consider: the general rule of confidentiality, exceptional circumstances that permit disclosure, and the ethical duty to inform patients about familial implications. Background discussion includes: ethical frameworks for disclosure of otherwise confidential information, the duty to warn under law, and international trends and positions.Boetzkes, Elisabeth. Genetic Knowledge and Third-Party Interests. Cambridge Quarterly of Healthcare Ethics 8 (4): 386-92, Summer 1999.Protection from the interests of insurers or prospective employers are discussed from the point of view of the ethical basis of the professional obligation to confidentiality as well as the right to privacy of those tested. However, the author supports family members, saying that "first-party resistance to disclosure may be overcome by weighty third-party claims."Chadwick, Ruth; Shickle, Darren; ten Have, Henk; and Wiesing, Urban, eds. The Ethics of Genetic Screening. Dordrecht, The Netherlands: Kluwer Academic Publishers, 1999. 255 p.Twenty-one chapters and 23 authors provide views of genetic testing/screening in different European countries and offer brief discussions of sociological perspectives, moral and philosophical issues, privacy, reconciling liberty and the common good, and questions raised in genetic testing of children.Clayton, Ellen Wright. Genetic Testing in Children. Journal of Medicine and Philosophy 22 (3): 233-51, June 1997.Clayton argues that there is room for... (shrink)

An introduction to the philosophy of law, which offers a modern and critical appraisal of all the main issues and problems. This has become a very active area in the last ten years, and one on which philosophers, legal practitioners and theorists and social scientists have tended to converge. The more abstract questions about the nature of law and its relationship to social norms and moral standards are now seen to be directly relevant to more practical and indeed pressing questions (...) about the justification of punishment, civil disobedience, the enforcement of morality, and problems about justice, rights, welfare, and freedom. David Lyons is a shrewd, clear and systematic guide through this tangled area. The book presupposes no formal training in law or philosophy and is intended to serve as a textbook in a range of introductory courses. (shrink)

Chapter Promising in Law and Morals Promissory and contractual obligations raise many issues of common interest to philosophers and lawyers. ...

How are causal relations between particular states of affairs related to causal laws? There appear to be three main answers to this question, and the choice among those three alternatives would seem to be crucial for any account of causation. In spite of this fact, the question of which view is correct has been all but totally neglected in present-day discussions. Indeed, since the time of Hume, one answer has more or less dominated philosophical thinking about causation. This is the (...) view that causal relations between events/states of affairs logically supervene upon causal laws plus non-causal states of affairs. In this paper, I shall attempt to show that the view in question is exposed to decisive objections,. (shrink)

BACON.3 is a production system that discovers empirical laws. Although it does not attempt to model the human discovery process in detail, it incorporates some general heuristics that can lead to discovery in a number of domains. The main heuristics detect constancies and trends in data, and lead to the formulation of hypotheses and the definition of theoretical terms. Rather than making a hard distinction between data and hypotheses, the program represents information at varying levels of description. The lowest levels (...) correspond to direct observations, while the highest correspond to hypotheses that explain everything so for observed. To take advantage of this representation, BACON.3 has the ability to carry out and relate multiple experiments, collapse hypotheses with identical conditions, ignore differences to let similar concepts be treated as equal, and to discover and ignore irrelevant variables. BACON.3 has shown its generality by rediscovering versions of the ideal gas law, Kepler's third law of planetary motion, Coulomb's law, Ohm's law, and Galileo's laws for the pendulum and constant acceleration. (shrink)

Cutler et.al. declare themselves opposed to the epistemological privileging of any level of discourse, but prefer, instead, to engage in discursive analyses of specific problems. Nevertheless, their critique of specific laws of tendency in Marx's texts - concentratlon and centralisation of capital, the falling rate of profit, etc. - relies almost exclusively on a single epistemological argument: there can be no such 'thing' as a law of tendency.

The two parts of this article constitute a single chapter in H.J. Berman, Law and Revolution: The Formation of the Western Legal Tradition.

Several philosophers have argued, against the hypothesis of alternative logical mentalities, that it is not conceivable that there should be peoples who reject the law of non-contradictlon. In reply, I argue first that these philosophers are lending an unwarranted pre-eminence to this law, and second that their case is made to look stronger than it is by confusing different senses in which a logical law might be 'rejected'. Finally, I consider some remarks of Wittgenstein which suggest that 'acceptance' of contradictions (...) might not be unintelligible. (shrink)

I DO NOT INTEND to present, in this paper, either a renewed account of the classical doctrine of natural law, or a modern version of its foundation in human nature. This does not mean that I consider superfluous or meaningless both these tasks. Indeed, I am convinced that the notion of natural law is still important for a full understanding of what we mean by "law." Natural law could be interpreted, for instance, as the transcendental condition of legal experience. And (...) metaphysics--as the "ultimate knowledge of being," to put it in Edmund Husserl's terms--could prove that the being of man, analyzed in its structure, offers a convincing ontological foundation of the law. (shrink)

The two parts of this particle constitute a single chapter in H.J. Berman, Law and Revolution: The Formation of the Western Legal Tradition, published by Harvard University Press.

The paper begins with a defence of a new definition of privacy as the absence of undocumented personal knowledge. In the middle section, I criticise alternative accounts of privacy. Finally, I show how my definition can be worked into contemporary American Law.

The official model of explanation proposed by the logical empiricists, the covering law model, is subject to familiar objections. The goal of the present paper is to explore an unofficial view of explanation which logical empiricists have sometimes suggested, the view of explanation as unification. I try to show that this view can be developed so as to provide insight into major episodes in the history of science, and that it can overcome some of the most serious difficulties besetting the (...) covering law model. (shrink)

This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...) with distributive rather than corrective justice.Central to the Kantian approach is the impermissibility of self-preference. The two types of self-preference, self-preference in conception and self-preference in action can respectively account for the objective standard and the Learned Hand test, which are the two most characteristic features of negligence and which are generally (and wrongly) considered to be inescapably aggregative. This corrective justice conception of the negligence standard can then be compared to Epstein's corrective justice conception of strict liability, and arguments can be offered in favour of the superiority of the former. (shrink)

This paper contains a discussion of a theory of laws of nature formulated recently by Michael Tooley. He sees the truth-makers for laws of nature as consisting of particular sorts of contingent relations between universals. He is not alone in this idea; it has also been advanced by Fred Dretske and D.M. Armstrong. However, its most thorough and detailed presentation is by Tooley. Being a challenging and stimulating idea, it merits investigation.

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig (...) Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage. (shrink)

Conventional accounts like the deductive‐nomological model suppose that high‐level theories couched in abstract language encompass or imply more low‐level laws expressed in more concrete language. The truth of phenomenological laws is then supposed to provide evidence for the truth of the theory. This chapter argues that, to the contrary, approximations are required to arrive at phenomenological laws and generally these approximations improve on theory and are not dictated by the facts. Examples include an amplifier model, exponential decay and the Lamb (...) shift. (shrink)

This paper asks whether the criminal law can have any legitimate concern with obscene language. At most, such a concern could be justified by the need to protect auditors from offense, since it is not plausible to think of exposure to dirty words as harmful or inherently immoral. A distinction is drawn between bare utterance and instant offense, on the one hand, and offensive nuisance and harassment, on the other. Only when obscene language is used to harass can it properly (...) be made criminal. Finally, I criticize in some detail judicial reasoning in the case of F.C.C. v. Pacifica Foundation, and conclude that obscene language on the public media is not properly subject to governmental regulation, whether- by criminal law or otherwise. *** DIRECT SUPPORT *** A9102008 00002. (shrink)

Topics discussed in this work are abortion, euthanasia, medical negligence and human experimentation.

Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of - and partly in response to - David Hume's theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume's analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with a (...) thorough investigation of Hume, from which he goes on to show the philosophical originality of Smith's new form of natural jurisprudence. At the same time, he provides an over all reading of Smith's social and political thought, demonstrating clearly the exact links between the moral theory of The Theory of Moral Sentiments, the Lectures on Jurisprudence, and the sociohistorical theory of The Wealth of Nations. This is the first full analysis of Adam Smith's jurisprudence; it emphasizes its normative and critical function, and relates this to the psychological, sociological, and histroical aspects which hitherto have attracted most attention. Dr Haakonssen is critical of both purely descriptivist and utilitarian interpretations of Smith's moral and political philosophy, and demonstrates the implausibility of regarding Smith's view of history as pseudo-economic or 'materialist'. (shrink)

The general process view of learning, which guided research into learning for the first half of this century, has come under attack in recent years from several quarters. One form of criticism has come from proponents of the so-called biological boundaries approach to learning. These theorists have presented a variety of data showing that supposedly general laws of learning may in fact be limited in their applicability to different species and learning tasks, and they argue that the limitations are drawn (...) by the nature of each species' adaptation to the particular requirements of its natural environment. The biological boundaries approach has served an important critical function in the move away from general process learning theory, but it is limited in its ability to provide an alternative to the general process approach. In particular, the biological boundaries approach lacks generality, it is in some respects subservient to the general process tradition, and its ecological content is in too many cases limited toex post factoadaptive explanations of learning skills. A contrasting, ecological approach to learning, which can provide a true alternative to general process theory, is presented. The ecological approach begins by providing an ecological task description for naturally occurring instances of learning; this step answers the question:Whatdoes this animal learn to do? The next step is an analysis of the means by which learning occurs in the course of development, answering the question:Howdoes the animal learn to do this? On the basis of such analyses, local principles of adaptation are formulated to account for the learning abilities of individual species. More global principles are sought by generalization among these local principles and may form the basis for a general ecological theory of learning. (shrink)

This essay recounts a fascinating if complicated piece of Anglo-American debate. My aim is to reach a conclusion about the importance of the notion of changing one's normative position as part of the act of giving sufficient consideration for a legal contract. In several journals and textbooks between 1894 and 1918 the major contract scholars of the time, e.g., Langdell, Anson, Pollock, Williston, Ames, and Corbin, discussed a special example which was thought to reveal a paradox in the common law (...) of consideration. The problem had shown itself in the textbooks of Pollock in England and Langdell in the United States. The example is of two contracts made by three persons in which one contract with the third party repeats the content of an existing contract with the second party. It would appear that the party at the pivot experiences no new detriment in merely performing, or promising to perform, his pre-existing duty. If so, such oblique contracts with third parties must fail for want of consideration extended from the first party. About this difficulty the experts were anything but agreed. The cases were not consistent. At the root of this uncertainty is an ambivalence about the concept of consideration itself. Should it be conceived in terms of normative relations and changes of moral position or should it be conceived in valuative terms, as harms and benefits? The differences of opinion about the legal validity of oblique contracts is explained by this ambiguity, one which the common lawyer has not yet resolved. (shrink)

The complexity of this question derives from the fact that both the mechanism of action and the mechanism of utilization of social laws operate through the practical life and activity of human beings. Human beings are the vehicles of the objective-subjective relationships formed in the process of production, distribution, exchange, and consumption of material and cultural goods, and because of this fact are a part of the systems and mechanisms of action and the mechanism of utilization of social laws. This (...) creates the impression that the objective-subjective activity of people is indivisible and, accordingly, that there is but one mechanism of manifestation of these laws; this, of course, compounds the difficulty of knowing and taking into account objective conditions and subjective factors in the process of scientific leadership and administration of society as a whole. What, then, is the relationship between the mechanism of action and the mechanism of utilization of social laws at the object-subject level? (shrink)

The measurement of sensory intensity has had a long history, attracting the attention of investigators from many disciplines including physiology, psychology, physics, mathematics, philosophy, and even chemistry. While there has been a continuing doubt by some that sensation has the properties necessary for measurement, experiments designed to obtain estimates of sensory intensity have found that a general rule applies: Equal stimulus ratios produce equal sensory ratios. Theories concerning the basis for this simple psychophysical rule are discussed, with emphasis given to (...) the physical correlate theory, which considers judgments of subjective magnitudes to be based upon estimates of physical dimensions that vary regularly with changes in degree of stimulation. For the most thoroughly investigated sensory scales, brightness and loudness, the physical correlate is considered to be distance. Our “tacit knowledge” of the sensory effects of changing distance plays an essential role in matching motor activities to environmental conditions and in ensuring accurate perceptual evaluations through brightness and loudness constancies. In psychophysical experiments, subjects apparently use this same tacit knowledge when required to estimate relative subjective magnitudes. The evidence related to the physical correlate theory is summarized, and it is concluded that, while under appropriate conditions we demonstrate considerable skill in evaluating environmental relationships, we are quite unable to estimate the neurophysiological nature or quantity of sensory response. A psychophysics devoted to studying conditions required for accuracy and conditions producing errors in the perception of environmental relationships would seem to be more valuable than one devoted to subjective magnitudes. (shrink)

_Postures of the Mind _was first published in 1985. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. Annette Baier develops, in these essays, a posture in philosophy of mind and in ethics that grows out of her reading of Hume and the later Wittgenstein, and that challenges several Kantian or analytic articles of faith. She questions the assumption that intellect has authority over all (...) human feelings and traditions; that to recognize order we must recognize universal laws—descriptive or prescriptive; that the essential mental activity is representing; and that mental acts can be analyzed into discrete basic elements, combined according to statable rules of synthesis. In the first group of essays—"Varieties of Mental Postures"—Baier evaluates the positions taken by philosophers ranging from Descartes to Dennett and Davidson. Among her topics are remembering, intending, realizing, caring, representing, changing one's mind, justifying one's actions and feelings, and having conflicting reasons for them. The second group of essays—"Varieties of Moral Postures" - explores the sort of morality we get when all of these capacities become reflective and self-corrective. Some deal with particular moral issues—our treatment of animals, our policies regarding risk to human life, our contractual obligations; others, with more general questions on the role of moral philosophers and the place of moral theory. These essays respond to the theories of Hobbes, Kant, Rawls, and MacIntyre, but Baier's most positive reaction is to David Hume; _Postures of the Mind _ affirms and cultivates his version of a moral reflection that employs feeling and tradition as well as reason. (shrink)

A theory of information is developed in which the informational content of a signal (structure, event) can be specified. This content is expressed by a sentence describing the condition at a source on which the properties of a signal depend in some lawful way. Information, as so defined, though perfectly objective, has the kind of semantic property (intentionality) that seems to be needed for an analysis of cognition. Perceptual knowledge is an information-dependent internal state with a content corresponding to the (...) information producing it. This picture of knowledge captures most of what makes knowledge an important cpistcmological notion. It also avoids many of the problems infecting traditional justificational accounts of knowledge (knowledge as [justified, true belief those (unlike knowledge) having a content that can be either true or false (e.g., belief) – are described in terms of the way internal (presumably neural) structures acquire during learning a certain information-carrying role. The content of these structures (whether true or false) is identified with the kind of information they were developed to carry. (shrink)

In this paper, intuitionistic modal logics which do not admit the law of the excluded middle are studied. The main result is that there exista a continuum of such logics.

The laws of social development are objective in content and, in contrast to the laws of nature, are manifested and function only through the activity of human beings. The development of all spheres of human activity, in turn, cannot be conceived of as independent of the will, consciousness, moods and beliefs, propensities and preferences of human beings, nor as independent of the effectiveness of forms of social organization, etc. The social specificity of laws of social development in turn defines another (...) feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development in turn defines another feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development, functioning either in all socioeconomic formations or in only some of them , or laws operating within only one of these formations are of a statistical nature. Even when the conditions of life of societies within a particular socioeconomic formation are the same, the results of the operation of any law of social development are never absolutely identical. This is graphically evident in an analysis of the operation of the law of surplus value, the laws of class struggle, or the law of social revolution, especially its operation under the conditions of the contemporary world revolutionary process. We need only point out the variety of nuances in the ultimate results of the operation of the law of social revolution after the Second World War, when socialist countries and countries with a socialist orientation emerged. (shrink)

Book reviewed in this article: Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization. By David A. J. Richards. Totowa, NJ: Rowman and Littlefield, 1982. xii + 316 pp. $26.95.

Word Order Universals is a detailed account of word order universals and their role in theories of historical change. The starting point is the Greenberg data set, which is comprised of a sample of 142 languages for certain limited co-occurrences of basic word orders, and a 30-language sample for more detailed information. In the Language Index, the 142 have been expanded to some 350 languages. Using the original Greenberg samples and the Expanded Sample, an alternative set of descriptive word order (...) statements is provided. Comprised of eight chapters, this book begins with an introduction to the theory of word order universals, encompassing topics such as word order variation across languages and theories of universal grammar. The reader is then introduced to the work of Joseph Greenberg and Theo Vennemann on word order universals; implicational universals in Greenberg's data and the Expanded Sample; and the predictions made by implicational and distributional universals for word order change. Reformulated universals for historical reconstruction are also discussed, along with some laws of reconstruction derived from synchronic universals. The final chapter is devoted to the Expanded Sample, with particular reference to its quantities as well as its typological and genetic classification. This monograph will be a useful resource for specialists in grammar and linguistics. (shrink)

This paper supplements an earlier one (Wassermann 1978b). Its views aim to reinforce those of Lewontin and other prominent evolutionists, but differ significantly from the opinions of some philosophers of science, notably Popper (1957) and Olding (1978). A basic distinction is made between 'laws' and 'theories of mechanisms'. The 'Theory of Evolution' is not characterized by laws, but is viewed here as a hypertheory which explains classifiable evolutionary phenomena in terms of subordinate classifiable theories of 'evolution-specific mechanisms' (ESMs), each of (...) which could apply to a host of species. Adaptations could result from ESMs that are rooted in molecular complementarities. The status of optimization theories that aim to predict best adapted states of organisms or populations is also discussed. (shrink)

Proper words in proper places, remarked Dean Swift, make the true definition of style. According to this definition, John Sparrow fully qualifies as a stylist. His skillful compound of wit, pungency, and accurate observation, his irreverence, his ear for language and hatred of cant are unsurpassed. This book brings together pieces broadcast by the BBC, a series of lectures at the University of Chicago, and, even, a university sermon. It proves that John Sparrow is one of those rare people whose (...) spoken words lose none of their power when translated to the printed page. (shrink)

"The evolutionary vision" is a term coined by economist Kenneth E. Boulding to describe a unified view of evolution that encompasses all levels of reality, from the cosmic or physical through the biological, ecological, and sociobiological to the sociocultural. It focuses less on systems or any particular entity than on the processes through which they evolve. In this volume various approaches to the self-organization of matter and information are outlined by authors who are among the chief developers of this new (...) paradigm. They focus on the general laws governing evolutionary dynamics across all levels of evolution, including the evolution of humans and human systems. (shrink)

Three common assumptions of both liberal theory and political debate are the autonomy of the family, the principle of merit, and equality of life chances. Fishkin argues that even under the best conditions, commitment to any two of these principles precludes the third._“A brief survey and brilliant critique of contemporary liberal political theory…. A must for all political theory or public policy collections.” –_Choice_ “The strong points of Fishkin’s book are many. He raises provocative issues, locates them within a broader (...) theoretical framework, and demonstrates an urgent need for liberals to set certain priorities. His main message—that liberalism has radical implications for ordinary life—needs to be heard by many.” --Virginia L. Warren, _Michigan Law Review_ “A highly original and powerfully argued book…. Fishkin is undoubtedly right, and his warning needs to be taken seriously…. This is not a book that catechizes us about what we should believe concerning the practicalities of distributive justice. It is a book that advises us about how we need to think about beliefs that are already popular dogmas, in the interest of making sense.” –James Gaffney, _America_ James S. Fishkin_ is associate professor of political science at Yale University. He is also the author of _The Limits of Obligation_ and _Beyond Subjective Morality_. (shrink)

Reading the Republic without reference to the less familiar Laws can lead to a distorted view of Plato's political theory. In the Republic the philosopher describes his ideal city; in his last and longest work he deals with the more detailed considerations involved in setting up a second-best 'practical utopia.' The relative neglect of the Laws has stemmed largely from the obscurity of its style and the apparent chaos of its organization so that, although good translations now exist, students of (...) philosophy and political science still find the text inaccessible. This first full-length philosophical introduction to the Laws will therefore prove invaluable. The opening chapters describe the general character of the dialogue and set it in the context of Plato's political philosophy as a whole. Each of the remaining chapters deals with a single topic, ranging over material scattered through the text and so drawing together the threads of the argument in a stimulating and readily comprehensible way. Those topics include education, punishment, responsibility, religion, virtue and pleasure as well as political matters and law itself. Throughout, the author encourages the reader to think critically about Plato's ideas and to see their relevance to present-day philosophical debate. No knowledge of Greek is required and only a limited background in philosophy. Although aimed primarily at students, the book will also be of interest to more advanced readers since it provides for the first time a philosophical, as opposed to linguistic or historical, commentary on the Laws in English. (shrink)

We here present explicit relational theories of a class of geometrical systems (namely, inner product spaces) which includes Euclidean space and Minkowski spacetime. Using an embedding approach suggested by the theory of measurement, we prove formally that our theories express the entire empirical content of the corresponding geometric theory in terms of empirical relations among a finite set of elements (idealized point-particles or events) thought of as embedded in the space. This result is of interest within the general phenomenalist tradition (...) as well as the theory of space and time, since it seems to be the first example of an explicit phenomenalist reconstruction of a realist theory which is provably equivalent to it in observational consequences. The interesting paper "On the Space-Time Ontology of Physical Theories" by Ken Manders, Philosophy of Science, vol. 49, number 4, December 1982, p. 575-590, has significant affinities to this one. We both, in a sense, try to formally vindicate Leibniz's notion of a relational theory of space, by constructing theories of spatial relations among physical objects which are provably equivalent to the standard absolutist theories. The essential difference between our approaches is that Manders retains Leibniz's explicitly modal framework, whereas I do not. Manders constructs a spacetime theory which explicitly characterizes the totality of possible configurations of physical objects, using a modal language in which the notion of a possible configuration occurs as a primitive. There is no doubt that this is a more accurate realization of Leibniz's own conception of space than the embedding-based approach developed here. However, it also remains open to objections (such as those cited here from Sklar) on account of the special appeal to modal notions. Our approach here, by contrast, aims to avoid the special appeal to modal notions by giving directly a set of laws which are satisfied by a configuration individually, if and only if it is one of the allowable ones. One thus avoids the need for reference to possible but not actual configurations or objects, in the statement of the spacetime laws. We may then take this alternative set of laws as the actual geometric theory, and do away with the hypothetical entity called 'space'. Yet at the same time there is no invocation of modality, except in the ordinary sense in which every physical theory constrains what is possible. So that a relationalist is not forced to utilize a modal language (though Leibniz certainly does.). (shrink)

The attention of philosophers. linguists and literary theorists has been converging on the diverse and intriguing phenomena of analogy of meaning:the different though related meanings of the same word, running from simple equivocation to paronymy, metaphor and figurative language. So far, however, their attempts at explanation have been piecemeal and inconclusive and no new and comprehensive theory of analogy has emerged. This is what James Ross offers here. In the first full treatment of the subject since the fifteenth century, he (...) argues that analogy is a systematic and universal feature of natural languages, with identifiable and law-like characteristics which explain how the meanings of words in a sentence are interdependent. Throughout he contrasts his with classical and medieval views. (shrink)