Only recently have the abundant sources relating to the application of astronomy to the needs of religious ritual in medieval Islam been studied, and it is now possible to write a new chapter in the history of Islamic astronomy. Simple techniques were advocated by the scholars of the religious law, highly sophisticated and complicated solutions were proposed by the Muslim scientists. It is not without interest to compare and contrast this activity, which lasted over a millennium, with that of the (...) monks of the Christian Middle Ages. The history of the latter has not yet been written, and cannot be written from textual sources alone, as is clearly shown by some of the astronomical instruments presented here. The present essay, in which both the Islamic and Christian traditions are discussed side by side for the first time, is very much a preliminary venture, primarily intended to point to the inherent interest of the available materials for the history of science as well as for several other disciplines. (shrink)

This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years. The chequered history of earlier attempts illustrates why commentators have once again begun to gravitate towards institutional approaches. The general features of institutional approaches include emphasis on uncertainty, judicial fallibility, systemic impact, collaboration (...) between branches of government and incrementalism in judging. These features, however, are relied upon in support of two conflicting views of the role of judges in public law adjudication. One is restrictive, and advocates sharp limitations to the ambit of judicial review. The other is contextual, and, in stark contrast, it proposes to expand the ambit of review in reliance on the idea of using principles of restraint to structure the exercise of judicial discretion. While this article does not take sides between them, it nonetheless seeks to refine the contextual institutional approach by outlining a general framework for reasoning with principles of restraint, and by addressing some of the key difficulties such a reasoning process would face. (shrink)

The contemporary Thai Theravada Buddhist monks Buddhadasa Bhikkhu and Phra Prayyudh Payutto espouse a version of natural law thinking in which the norms of good behavior derive from the nature of the world, specifically its features of conditionality, causality, karma and interdependence. An ethic which stresses non-egoic harmony is the result. This paper (1) develops the notion of natural law in their thinking and (2) critically evaluates these ideas as a foundation for ethical thought, specifically asking whether such ideas recognize (...) something of value in the individual per se and in individual freedom and, in an interdependent world, how one can challenge injustice or a brutal government. (shrink)

This article presents a critical examination of Igor Soikhedbrod’s Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality, and Rights. We argue that the book presents an important criticism of antinomian forms of critical theory, which underplay the extent to which Marx engaged in an imminent critique of liberal societies, including the rule of law, and upheld that progressive advances enshrined in this rule should be carried over or sublated in a communist dispensation.

Concussion is a form of mild traumatic brain injury that can occur as a result of contact to the head or other parts of the body that causes a rapid acceleration-deceleration force to the brain that may cause a functional disturbance in an individual’s ability to concentrate or learn new information. Contrary to popular belief, it is not a bruise to the brain, and there is usually nothing detectable on standard imaging such as a computed tomography or magnetic resonance imaging. (...) Symptoms and signs are therefore important to detect and include decreased levels of consciousness, headache, nausea, difficulty concentrating, memory loss, and poor coordination. These signs and symptoms usually occur within minutes after the injury but may also appear several hours or even days later. (shrink)

ABSTRACT Sexting has become a prominent part of adolescent culture. Under current laws, adolescents caught sexting are being arrested, facing child pornography charges, and having to register as sex offenders. State laws on child pornography and child abuse differ throughout the United States and conflict with federal laws, making the ethical obligations for psychologists unclear. The purpose of this article is to promote awareness about legal obligations regarding adolescent sexting, address the ethical dilemma that psychologists face when (...) adolescent sexting is disclosed during psychological treatment, and to provide implications and recommendations for psychologists. (shrink)

Nanomedicine is yielding new and improved treatments and diagnostics for a range of diseases and disorders. Nanomedicine applications incorporate materials and components with nanoscale dimensions where novel physiochemical properties emerge as a result of size-dependent phenomena and high surface-to-mass ratio. Nanotherapeutics and in vivo nanodiagnostics are a subset of nanomedicine products that enter the human body. These include drugs, biological products, implantable medical devices, and combination products that are designed to function in the body in ways unachievable at larger scales. (...) Nanotherapeutics andin vivonanodiagnostics incorporate materials that are engineered at the nanoscale to express novel properties that are medicinally useful. These nanomedicine applications can also contain nanomaterials that are biologically active, producing interactions that depend on biological triggers. Examples include nanoscale formulations of insoluble drugs to improve bioavailability and pharmacokinetics, drugs encapsulated in hollow nanoparticles with the ability to target and cross cellular and tissue membranes and to release their payload at a specific time or location, imaging agents that demonstrate novel optical properties to aid in locating micrometastases, and antimicrobial and drug-eluting components or coatings of implantable medical devices such as stents. (shrink)

In recent years, foreign language learning has been proposed as a possible cognitive intervention for older adults. However, the brain network and cognitive functions underlying FLL has remained largely unconfirmed in older adults. In particular, older and younger adults have markedly different cognitive profile—while older adults tend to exhibit decline in most cognitive domains, their semantic memory usually remains intact. As such, older adults may engage the semantic functions to a larger extent than the other cognitive functions traditionally considered the (...) most important. Using anatomical measurements and a cognitive test battery, the present study examined this hypothesis in twenty cognitively normal older adults, who participated in a two-month Italian learning programme. Results showed that the immediate learning success and long-term retention of Italian vocabularies were most consistently predicted by the anatomical measures of the left pars orbitalis and left caudal middle frontal cortex, which are implicated in semantic and episodic memory functions. Convergent evidence was also found based on the pattern of cognitive associations. Our results are consistent with a prominent role of semantic and episodic memory functions in vocabulary learning in older learners. (shrink)

Decision making during reproduction is complex for a variety of medical and social reasons. Anyone who has had a conversation with a family member about the “best time” to have a baby can attest to this — there is no “best time” or “best way.” Multiple pressures from any number of sources combine in a minefield of hazards made ever more complicated by restrictive laws in the US. Add to this a screening result of potential chromosomal aneuploidy and decision (...) making becomes ever more complex. Societal stigma and lack of adequate and accurate information during counseling certainly plays a role in the high number of terminations in the setting of diagnosed chromosomal aneuploidy, yet other factors also push families in this direction including medical considerations and the abysmal lack of social support programs. (shrink)

As during other eras of American history, both the current debate and attempts to reform the health care system are fraught with vested interests and conflict among policy makers, consumers, the health and medical complex, insurers, and the business community. The process reflects both the strengths and the limitations of our democratic system, and demonstrates the factional battles that must be waged to attain fundamental social change in American society.Although racial justice is not the dominant issue, the parallels between the (...) present congressional deliberations and polemics and the passage of civil rights legislation in the 1960s are inescapable. For one, a major goal is to codify the basic human right of health care for all, regardless of medical or socioeconomic condition—that is, universal health insurance. Second, although a general feeling exists among the public that considerable change is needed in our health care system, elected representatives cannot agree on an appropriate course of action. (shrink)

In March 1996, the General Accounting Office issued the report Scientific Research: Continued Vigilance Critical to Protecting Human Subjects. It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always clear (...) to clinicians. Controversy exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

In March 1996, the General Accounting Office (GAO) issued the reportScientific Research: Continued Vigilance Critical to Protecting Human Subjects.It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always cleartoclinicians. Controversy (...) exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health (NIH) Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

In "The Law of Peoples", John Rawls proposes a set of principles for international relations, his "Law of Peoples." He calls this Law a "realistic utopia," and invites consideration of this Law from the perspectives of non-Western cultures. This paper considers Rawls's Law from the perspective of Engaged Buddhism, the contemporary form of socially and politically activist Buddhism. We find that Engaged Buddhists would be largely in sympathy with Rawls's proposals. There are differences, however: Rawls builds his view from the (...) idea of independent nation--states, while the Buddhists see the world more in terms of a single humankind, the members being highly interdependent with one another, and also with the physical world. The Buddhists would also push harder than Rawls for global structures building multilateralism, restrict more severely justifications for war and behavior in war, stress economic justice more heavily, and insist on all the human rights in the Universal Declaration of Human Rights. (shrink)

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a (...) variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ACTUAL INFINITE IN ARISTOTLE Prolegomena: Philosophy and Theology Related HENEVER PHILOSOPHY is taken to be the handmaiden of theology, then the autonomy of reason is destroyed." Such a daim should be distinguished from a still 1stronger thesis. Compare: " A philosopher may not legitimately try to fortify an argument by bringing in new premises from another discipline which has a special aura of authority." Quite how Aristotle would (...) have reacted to the first generalization, if it had been suitably translated for his scrutiny, is a question on which commentators might agree to differ. But Aristotle would have been as!'eluctant as Aquinas, or Maimonides, or later Monotheists who treasured the Physics, to leave the second general claim unquestioned. Natural and revealed theology, like physics or mathematics, are domains where extremely subtle reasoner1s have studied and published widely for a very long time. So an elementary respect for induction suggests that philosophers should e:x;pect to benefit from,applying some premises and some ways of arguing, which are found in theology, to their own issues. I speak of premises and ways of arguing that philosophers qua philosophers have not provided before. Thinkers in all four disciplines could thus profit from each body of work. Even the law of averages is set pitilessly against the second general claim.1 1 The late Father F. C. Copleston, S.J., covers many important topics regarding theology and philosophy in Aquinets (Baltimore: Peng11in, 1955), pp. 12-14, 19, 54-63, 65-68, 74, 116, etc. But the point put forward here about human power to strengthen intuition in one field seems to be partly missed. Copleston also fails to dwell enough on infinity in various passages. See John King-Farlow, "The First ·way in Physical and Moral Space", The Thomist 427 428 JOHN KING-FARLOW By focussing on some arguments of Aristotle's against the admissibility of an,actual infinite, we shall find deeper, less obvims reasons for rejecting that second claim. Other philosophical points of intrinsic value should emerge as well foom the short investigation. But this one is especially interesting because of its curious pertinence to perennial disagreements among those who address the relations of theology, theism and philosophy. At any rate, the search for such deeper reasons will involve the application to Aristotle's texts of a somewhat modern way of using the term " intuition ". Introduotion: A Relevant Kind of Intuitive Thinking Diss,atisfaction with modern Platonism in higher mathematics may be added to disenchantment with Platonism's modern opponents. Such opposition may seem too technical for issues of intuition or, indeed, of common reason. And so one is led back to consider certain rightly famous arguments of Aristotle. But before turning to Aristotle and his grapplings with ideais and claims about an actual infinity, let us 1ook at a few very ordinary uses of the sometimes charismatic word "intuition." Webster's Dictionary (1978) offers: "immediate and instinctive perception of a truth; direct understanding without reasoning." In his classic study Evolution of JJ;Jathematieal Concepts, Wilder writes at least once in the spirit of Webster: "Counting with fingers (and toes) clearly involves intuitive recognition of (1-1)-correspontreme, excessive gene:msity, and, next, irion unwillingness to give ·anything to others, lies usually much closer to the first extreme. Between utter recklessness and self-paralyzing caution the Mean may oscillate in relative distance, according to the demands of the context. Near recklessness may offer the only means to win one kind of battle and a stubborn refusal to move may be needed for the nex>t victory. By pursuing such a nonmechanical and variably positioned ideal of a Mean, a really wise father usually oould show special favor to one specially deserving child in some ways and some contexts, yet generally show very satisfying love to a;ll his children. 11 Richard Bosley, " What Is a Mean? The Question Considered Compara· tively and Systematically." PhiloB. (shrink)

Our paper examines what is required to protect and promote effective public discussion and policy development in the current climate of divisive disagreement about many public policy questions. We use abortion as a case example precisely because it is morally fraught. We first consider the changes made by Dobbs, as well as those which led up to the Dobbs decision, accompany it, and follow from it.

By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. (...) This conception of Chinese citizenship is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social participants through mediation engineered within the social and cultural process. (shrink)

Clinical gene transfer research has both a unique history and a complex and layered system of research oversight, featuring a unique review body, the Recombinant DNA Advisory Committee. This paper briefly describes the process of decision-making about clinical GTR, considers whether the questions, problems, and issues raised in clinical GTR are unique, and concludes by examining whether the RAC's oversight is a useful model that should be reproduced for other similar areas of clinical research.Clinical GTR is governed by the same (...) oversight system as most clinical trials, with a significant addition: the RAC. Like other research with human subjects, GTR, if it is affiliated with a federally funded institution, must be approved by an institutional review board whose activities are governed by the common rule, that is, the federal regulations for protection of human subjects in research. Like other research intended to produce a drug, device, or biologic to be marketed in the United States, GTR is also overseen by the Food and Drug Administration. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

Current methods of obtaining an informed consent leave much to be desired. Patients rarely read consent forms or understand all of the risks, benefits, or alternatives associated with their treatment. Evaluating the advantages and disadvantages of treatment options often presents a more significant challenge for patients with lower levels of health literacy. This article reviews the evidence of shortcomings in our informed consent system and then explores the potential for a new approach to engage patients at all levels of health (...) literacy in their treatment decisions. Specifically, the article will examine the potential of shared decision-making to bridge gaps in knowledge, increase patient adherence to treatment, and improve health outcomes in low health literacy patient populations. Leveling barriers to treatment information for disadvantaged populations should be a public health imperative, especially if it can be shown to improve health outcomes and reduce health disparities. (shrink)

Artificial intelligence research and regulation seek to balance the benefits of innovation against any potential harms and disruption. However, one unintended consequence of the recent surge in AI research is the potential re-orientation of AI technologies to facilitate criminal acts, term in this article AI-Crime. AIC is theoretically feasible thanks to published experiments in automating fraud targeted at social media users, as well as demonstrations of AI-driven manipulation of simulated markets. However, because AIC is still a relatively young and inherently (...) interdisciplinary area—spanning socio-legal studies to formal science—there is little certainty of what an AIC future might look like. This article offers the first systematic, interdisciplinary literature analysis of the foreseeable threats of AIC, providing ethicists, policy-makers, and law enforcement organisations with a synthesis of the current problems, and a possible solution space. (shrink)

Since the beginning of the AIDS epidemic, the proportion of AIDS cases among women has continued to rise. Women constituted 23 percent of the AIDS cases reported to the Centers for Disease Control and Prevention in 1995, and 81 percent of these women were of childbearing age. It was not until 1991, however, that epidemiological studies of women were initiated. By comparison, the representation of HIV-infected women in clinical trials gradually has grown. Undoubtedly, a consequence of the increased numbers of (...) women in clinical and epidemiological research is the earlier identification of and more appropriate treatments for HIV-related syndromes when women present in the clinical setting. Despite this expanded focus on women, however, clear information to guide the treatment of HIV-infected women who are pregnant is still lagging behind. (shrink)

The focus in the literature on scientific explanation has shifted in recent years towards model-based approaches. In recent work, Alisa Bokulich has argued that idealization has a central role to play in explanation. Bokulich claims that certain highly-idealized, structural models can be explanatory, even though they are not considered explanatory by causal, mechanistic, or covering law accounts of explanation. This paper focuses on Bokulich’s account in order to make the more general claim that there are problems with maintaining that a (...) structural criterion can capture the way that highly-idealized models explain. This paper examines Bokulich’s claim that the structural model explanation of quantum wavefunction scarring, featuring semiclassical mechanics, is deeper than the explanation provided by the local quantum model. The challenge for Bokulich is to show that the semiclassical model answers a wider range of w-questions, as this is her method of assessing structural information. I look at two reasonable approaches employing w-questions, and I argue that neither approach is ultimately satisfactory. Because structural similarity has preferences for more fundamental models, I argue that the local quantum model provides explanations that at least as deep as the semiclassical ones. The criterion either wrongly identifies all models as explanatory, or prefers models from fundamental theory. Either way, it cannot capture the way that highly-idealized models explain. (shrink)

Institutional review boards and investigators are used to talking about risks of harm. Both low risks of great harm and high risks of small harm must be disclosed to prospective subjects and should be explained and categorized in ways that help potential subjects to understand and weigh them appropriately. Everyone on an IRB has probably spent time at meetings arguing over whether a three-page bulleted list of risk description is helpful or overkill for prospective subjects. Yet only a small fraction (...) of all the time and attention lavished on risk disclosure has been devoted to discussing whether and when potential benefit to subjects can reasonably be claimed and, if so, how it should be described in the consent form and process.Traditionally, IRBs and regulators have worked to ensure that clear lines can be drawn between research that, by definition, carries no potential for direct benefit — because it uses healthy volunteers or because it is not foreseeably focused on the development of treatments — and research that does have the development of effective treatments as its goal. (shrink)

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and (...) striking insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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Although ethics research shows that prospective penalties for tax fraud can increase taxpayers’ compliance with tax laws, we do not have a clear understanding of how perceptions of penalty severity impact tax compliance. To address this gap, I first conduct a survey to establish what propriety of penalty severity encourages compliance. I then examine experimentally whether taxpayers’ compliance is jointly influenced by penalty severity and social norms. I expect social norms to moderate the impact of penalty severity because social (...) norms provide a contextual cue about the scope and relevance of an ethical issue. Specifically, I expect that when taxpayers anchor (do not anchor) on information about social norms, the positive impact of penalty severity on tax compliance is suppressed (not suppressed). My results are as predicted. I conclude that governments can increase compliance with tax laws by imposing appropriately severe tax fraud penalties and carefully considering the release of information related to compliance norms. (shrink)

Two approaches have emerged to resolve discrepancies between predictions and observations at galactic and cosmological scales: introducing dark matter or modifying the laws of gravity. Practitioners of each approach claim to better satisfy a different explanatory ideal, either unification or simplicity. In this chapter, we take a closer look at the ideals and at the successes of these approaches in achieving them. Not only are these ideals less divisive than assumed, but moreover we argue that the approaches are focusing (...) on different aspects of the same ideal. This realisation opens up the possibility of a more fruitful trading zone between dark matter and modified gravity communities. (shrink)

One widely recognized difference between laws and accidental generalizations lies in the ability of the former versus the inability of the latter to support certain sorts of related subjunctive conditionals. Nelson Goodman's theory of projectibility is here evaluated on the basis of its implications for the relative acceptability of conflicting subjunctive conditionals or counterfactuals. It is argued that the theory's extensionalistic character precludes its dealing adequately with cases of a certain type in which the difference between two counterfactuals, one (...) acceptable and the other unacceptable, is clearly related to a difference in nomological status between their indicative counterparts. (shrink)

Excerpt from The Discovery of God Generally speaking, this progress is made through some individual pioneer Of truth who gathers into himself the best in what previous generations have handed down to him, and goes on to richer understandings. These adventures occur all through the Bible's reflection Of the soul of man, and we shall pause at but a few of them. It shall be at such times as when to some sensitive spirit new qualities in God became evi dent, (...) as radium to Madame Curie, or to New ton the law Of gravitation. The experiences Of men like Abraham, Moses, Isaiah, St. Paul, are SO akin to discovery that there is no forcing Of language in the use Of the term. Developing their own insight into the Divine, they Opened up the way by which others could follow their example. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...) protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 106-123 [Access article in PDF] The (Mis)Uses of Cannibalism in Contemporary Cultural Critique C. Richard King At least since 1979, when W. Arens demystified what he termed "the man-eating myth," cannibalism, once a fundamental feature of the anthropological imagination and a primary trope for interpreting cultural difference, has become subject to serious debate and lingering doubt [see Osborne]. Even as some anthropologists have sought to (...) recuperate anthropophagy as a tangible symbolic, ideological, and ritual complex [Brown and Tuzin; Conklin, "'Thus are our Bodies'"; Forsyth; Harris, Good to Eat 199-234; Sanday], a constellation of scholarly projects and popular works has complicated cannibalism by relocating it in the West. Perhaps most visibly, Hollywood cinema has reclaimed cannibalism. Although a handful of films have revived well-worn clichés of dark-skinned savages preparing to consume Westerners, as in King Solomon's Mines and Crocodile Dundee, others have cast the Western subject as cannibal to grapple with the horrors of reluctant cannibalism, as in Alive! [see Fiddes 121-31], to work through the transgressive and terrifying desires associated with psychopathic cannibalism, as in The Silence of the Lambs [Fuss; Halberstam], and importantly to parody the normative beliefs and behaviors of white, middle-class, heterosexual EuroAmericans, as in Eating Raoul and Parents. At the same time, an array of scholars, artists, and activists have invoked cannibalism to fashion critical perspectives on Western cultural practices. In his film Cannibal Tours (1987), Dennis O'Rourke encourages his audiences to think critically about tourists who travel to the Sepik River Valley to encounter reformed cannibals, asking implicitly who the cannibals are, the Melanesians who formerly (were thought to/claim to have) practiced anthropophagy or the tourists who travel to New Guinea to consume them [see Bruner]. Others have pushed the metaphor. Michael Ames, borrowing explicitly from O'Rourke, uses the cannibal to reframe ethnographic museums and their practices. Similarly, Jane Tompkins asserts that "Museums are a form of cannibalism made safe for polite society" [533]. More generally, Crystal Bartolovich playfully glosses consumerism as the cultural logic of the late cannibalism; bell hooks speaks of the EuroAmerican desires for and incorporation of things ethnic as "eating the other"; and Rosalind Morris suggests that cannibalism is the essential metaphor for late capitalism. More telling, however, are a set of overlapping critical projects that offer detailed theorizations [End Page 106] [Begin Page 108] of contemporary anthropophagy. Here, I will examine three that have had an important impact on discussions of tourism, museums, cultural appropriation, and consumption. Dean MacCannell, in an exciting exploratory review of the documentary Cannibal Tours, makes explicit what O'Rourke left unsaid: we are cannibals, and contemporary capitalism is neocannibalism. Perhaps more radically, Jack Forbes argues that Western civilization fosters cannibalism as an embodied, psychosocial condition or psychosis rooted in exploitation and consumption. Inspired at least in part by Forbes, Deborah Root rethinks Western civilization as cannibal culture.Although I am terribly sympathetic with these perspectives, particularly their political commitments and theoretical creativity, I am disturbed by the practices and effects that animate them. Indeed, as powerful as this critical field promises to be, it is at the same time troubling and dangerous. Although it defamiliarizes practices of cultural production and consumption, it does not enhance understanding of the contexts in which individuals and institutions deploy them and does less to effectively challenge or undermine them. In reframing beliefs and behaviors to accentuate productivity and power, it reinstates and reaffirms binaries and, worse, often turns on the same forms of appropriation.* * *Arguably, flesh eating has always promoted the elaborations of differences. Works central to the Western canon mobilize cannibalism to make (sense of) the world. Herodotus offers an early anthropophagic distinction:These Scythian husbandmen then occupy the country eastward for three days' journey.... Beyond this region the country is desert for a great distance; and beyond the desert Androphagi dwell.... The Androphagi have the most savage customs of all men; they pay no regard to justice, nor make use of any established law. They are nomads and wear a dress like a Scythian; they... (shrink)

James VI and I united the crowns of England and Scotland. His books are fundamental sources of the principles which underlay the union. In particular, his Basilikon Doron was a best-seller in England and circulated widely on the Continent. Among the most important and influential British writings of their period, the king's works shed light on the political climate of Shakespeare's England and the intellectual background to the civil wars which afflicted Britain in the mid-seventeenth century. James' political philosophy (...) was a moderated absolutism, with an emphasis on the monarch's duty to rule according to law and the public good. Locke quoted his speech to parliament of 1610 approvingly, and Hobbes likewise praised 'our most wise king'. This edition is the first to draw on all the early texts of James' books, with an introduction setting them in their historical context. (shrink)

Late antique political Platonism was not unoriginal in its thought. The paper takes as an example the Justinianic dialogue On Political Science (ca. 550), which creatively engages with Plato’s political works. It shows that the dialogue tries – and manages, as I argue – to combine two apparently inconsistent Platonic models: what I call the “divine” model, in which a philosopher-king endowed with divine knowledge rules unhindered by civic laws; and the “human” model, characterized by the rule of (...) law. The divine model comes mostly from Plato’s Republic and Statesman; the human one, from the Laws. On Political Science demonstrates that its (anonymous) author was acquainted with these three Platonic texts, in addition to other texts. That is philologically noteworthy, but also philosophically interesting: the dialogue manages to integrate the two models into a common framework. It puts forward an original political model, in which a philosopher-king, although endowed with divine knowledge, still has to be bound by civic laws because of his human frailty. The article concludes by discussing the polemical import the dialogue could have had in its Justinianic context. (shrink)

This paper provides a re-assessment of the significance of turning king's evidence in late medieval England through a re-examination of the use of approvers' appeals as a method of prosecution. It puts forward the hypothesis that the process was not only popular with felons, but also actively encouraged by the Crown. Exploring attitudes towards confessions and their admissibility, it compares and contrasts contemporary Continental prosecution practices and considers the extent to which the English legal system was developing a form (...) of public prosecution through the encouragement of approvers, mainly at times of political stress or during law enforcement drives. Analysis of the verdicts returned by juries on persons arrested and tried on the basis of approvers' confessions indicates a high incidence of acquittal. This apparent failure in the system is explained in terms of the prejudices and practices of the juries, judicial scrutiny of the appeals, and putative government policy. (shrink)

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious (...) wrongdoing by physicians. (shrink)

Islam is a religion of vast dimensions which has inspired great civilizations and today offers many men and women comfort and ethical guidance. In this paper I suggest that the tension between the Qur'an accepted as the perfect timeless word of God and the encultured dynamic Islam of nearly a quarter of the world's population results in contending perspectives of women's role and rights. The Qur'an gives men and women spiritual parity, but there are verses in the Qur'an that some (...) feminists find difficult to reconcile with the modern rights of women. Most Islamic feminists make a clear distinction between cultural practices and the pure word of God. 1 There are profound differences in the status of women within and between predominantly Muslim countries. In some countries it is illegal for women to drive a car, or to move freely outside the home, in others women have become heads of state. The decision to wear the veil, often a sign of empowerment in Europe, is in parts of the Islamic world obligatory. Voices representing an exclusivist, literalist understanding of Islam have entered the mainstream of Muslim lives due in part to the fact that Wahhabism imposes a narrow, sectarian view of Islam, and the Saudi government with its massive oil wealth propagates this puritanical form of Islam across the world. Some traditionalist maulanas and maulvis are concerned above all with women's modesty and enforce customs that refine, purify and protect their chastity. They, like some Islamic feminists, position Islamic rights and roles for women with regard to the exoticized and eroticized `other' — in this case Western civilization, Western imperialism and the rise of Western feminism. `The West' becomes for traditional interpreters a kind of contemporary jahilya. There are also many progressive Muslim scholars who seek to articulate a historically accurate, non-idealized, now challenged, now challenging, view of Islam with an uncompromising emphasis on social justice, equality and pluralism. This paper argues that the ongoing, postcolonial battle against Western `imperialism' demands epistemological humility. Nevertheless, women are fighting for basic human rights and freedoms in parts of the Islamic world where the State, religious authorities and the patriarchal family assume the right of legal and moral surveillance. In considering the nature of violence to Muslim women in Pakistan and the UK, I hope to show that accusations of orientalism should not deter us from recognizing the courage of women activists who themselves risk imprisonment and of the struggle of women victims of rape and domestic violence to overcome feelings of shame and dishonour. I argue that both the private and public spheres need to be made safe for all Muslim women, and not just a professional elite. This can only be achieved by a fuller recognition of women's rights encapsulated in law and all aspects of public life. (shrink)

Since the last several years of the life of King Hassan II, Morocco slowly moved from authoritarian rule to a managed democracy. As a result of this gradual political liberalization, religious groups as well as secular ones formed political parties. Islamists have already won seats in the parliament and they are expected to gain nearly half the number of seats in the coming elections. Equally significant is the increased presence of human rights and non-government organizations and the emergence of (...) independent and party-affiliated newspapers and other media outlets. In this article, I focus on the prospects of seeing a free press emerging in Morocco given the pressures exerted by official and non-official authorities. I argue that government interventions stifle freedom of expression and weaken civil society. This study focuses exclusively on Moroccan Arabic and French language print media. (shrink)

Medical practice should evolve alongside medical ethics. As our understanding of the ethical implications of physician-patient interactions becomes more nuanced, physicians should integrate those lessons into practice. As early as the 1930s, epidemiological studies began to identify that the rates of medical procedures varied significantly along geographic and socioeconomic lines. Dr. J. Alison Glover recognized that tonsillectomy rates in school children in certain school districts in England and Wales were in some cases eight times the rates of children in other (...) districts, with the only significant predictive factors being the current chief medical officer in the area and the socioeconomic well-being of the child's parents. Unfortunately, Dr. Glover's work revealed that the increase in tonsillectomies did not improve the health of adolescent patients and appeared to be performed “as a routine prophylactic ritual for no particular reason and with no particular result.”. (shrink)

Informed consent in clinical research is widely regarded as broken, but essential nonetheless. The most recent attempt to reform it comes as part of the first revisions to the Common Rule since it became truly “common” in 1991. This change, the addition of a “key information” requirement for most consent forms, is intended to support and promote a reasoned decision-making process by potential subjects. The key information requirement is both promising and problematic. It is promising because it encourages clarity and (...) honesty about research participation, creativity in information disclosure, and mutual learning through the investigator-subject relationship. It is problematic because those goals — which have remained aspirational since the beginning — may be difficult to achieve in what has become an excessively compliance-oriented regulatory regime. (shrink)

One way in which fact finders are supposed to determine the reasonableness of a defendant is via a counterfactual test that personifies the reasonable person. We are to imagine the reasonable person being in the defendant’s circumstances. Then we are to determine whether the reasonable person would have done as the defendant did. This paper argues that, despite its prevalence, the counterfactual test is a hopeless guide to determining defendant reasonability. In brief, the test is of the wrong sort to (...) give fact finders the requisite guidance. What we are after is not a counterfactual judgment but instead is a question of possibility. However, since the only thing impossible of the reasonable person is being unreasonable, personifying the reasonable person cannot offer any useful guidance on this question. (shrink)

Thomas Hobbes is arguably the greatest of all English philosophers. In the second half of the twentieth century, he has been the subject of sustained critical attention. Hobbes was capable of powerful argument on virtually any level, whether logical, scriptural or historical. And he has attracted attention in all these areas and more questions of historical method, language and linguistics, metaphysics, ethics, law, politics, science and religion. Hobbes has been examined from a great variety of perspectives as an ethical positivist (...) and a deontologist, as a bourgeois advocate and a supporter of the aristocracy, as an absolutist and a proponent of parliamentary government, as a "conservative" and a "modern," as an atheist and a believer. The periodical literature on Hobbes is accordingly very rich, but it is also difficult to access. The four volumes of these critical assessments assemble an important array of material which will be invaluable to all students of Hobbes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Dialogue:Looking Back, Looking Ahead, and Listening Ever More DeeplySallie B. KingI was asked to give a brief overview of the subject of the Buddhist-Christian dialogue, looking back over its history and looking ahead to its future. I begin with two caveats. First, of necessity, this account will be very general and I will paint with a very broad brush. I cannot speak to the many variations and exceptions (...) to many, if not all, of the general statements that I make. Second, inevitably, this account will also be very subjective. It will especially be colored by my visits in recent years to Sri Lanka, Thailand, and Taiwan.the dialogue on religious thoughtLooking back over the history of the Buddhist-Christian dialogue, one notices a pattern that is regularly remarked upon: Christians show a lot more interest in dialogue with Buddhists than Buddhists show in dialogue with Christians. This is especially the case with respect to dialogue regarding each other’s religious thought.1 Sometimes Christians observe this fact with dismay, or with the implication that there is something wrong with the Buddhist side because of this lack of interest. There is a sense among some Christians that Buddhists should be more interested in learning from Christianity on the level of religious thought. I would like to address this idea that Buddhists should be more interested in learning from Christianity on the level of religious thought.First, several people have noted that the place and function of religious thought in Buddhism are rather different than their place and function in Christianity. For example, as Rita Gross has pointed out, some forms of Buddhist meditation have no reference to Buddhist thought at all—especially some Theravada practices such as mindfulness and choiceless awareness—whereas neither she (at least, at that time) nor I can think of any Christian meditation that doesn’t reference God or Jesus.2Again, Rita Gross has stated that for Christians to take at least some Buddhist thoughts and practices seriously, they needn’t give up necessarily any of their own fundamental doctrinal commitments, whereas the reverse is not the case.3 That is, a [End Page 7] Buddhist who wanted to take Christian thought seriously would almost immediately come face-to-face with Christianity’s theism. They likely would be unable to proceed, since accepting theism would require them to forego the whole edifice of Buddhist thought.Here I must demur. It is true that Christianity’s theism and Buddhism’s nontheism give fundamentally different foundations to their respective worldviews. But surely there are some elements of Christian thought and practice that Buddhists could absorb from Christianity without a fundamental reorientation. Some examples of ideas in Christianity that seem unthreatening to the foundations of Buddhism, yet potentially growth-inspiring for Buddhism in dialogue, come readily to mind. For example, as the relative place of laypeople shifts within modernizing Buddhism, a great deal might be learned from Christian thought on church and community. Again, Christian thought that contemplates realization of the Kingdom of God here and now might be of interest to those Taiwanese Buddhists who speak of a “Pure Land on Earth.” Even in the (semi-)ontological area, Christian thought on Spirit or pneuma might make for a potentially enriching dialogical partner for Buddhists, with their ideas on Buddha nature, Tathagatagarbha and Dharmakaya. The two sets of thinking on Natural Law could be a place of mutual learning. And many of the parables of Jesus have the power to cause people to see things in a new way, regardless of world-view. There is much that Buddhists could absorb from Christians while maintaining their basic worldview. Yet it remains true that it is hard to see much evidence of Buddhists absorbing anything substantial from Christian religious thought.I think that at this point in the Buddhist-Christian dialogue, we can say that the Buddhists have voted with their feet. Buddhist dialoguers are not ignorant of Christian religious thought. There have been some rather deep Buddhist studies, for example, of Jesus and of Christian mystics.4 However, it seems clear that they haven’t, as a rule, found anything there that has... (shrink)

First-in-human research has several characteristics that require special attention with respect to ethics and human subjects protections. At least some nanomedical technologies may also have characteristics that merit special attention in clinical research, as other papers in this symposium show. This paper considers how to address these characteristics in the consent form and process for FIH nanomedicine research, focusing principally on experimental nanotherapeutic interventions but also considering nanodiagnostic interventions.It is essential, as a starting point, to recognize that the consent form (...) and process are by no means the primary protectors of human subjects. Instead, consideration of the form and content of informed consent becomes relevant only after a clinical trial has been reviewed and deemed scientifically and ethically acceptable.Two convergent types of challenges to informed consent are posed by nanomedicine FIH research. First, some issues appear generally applicable to FIH research, but have specific nanomedicine implications. (shrink)

Marcus Tullius Cicero (106 BC-43 BC) was a Roman statesman, lawyer, political theorist, philosopher, and Roman constitutionalist. He is widely considered one of Rome's greatest orators and prose stylists. He is generally perceived to be one of the most versatile minds of ancient Rome. He introduced the Romans to the chief schools of Greek philosophy and created a Latin philosophical vocabulary, distinguishing himself as a linguist, translator, and philosopher. An impressive orator and successful lawyer, he probably thought his political career (...) his most important achievement. Today, he is appreciated primarily for his humanism and philosophical and political writings. Although a great master of Latin rhetoric and composition, Cicero was not Roman in the traditional sense, and was quite self-conscious of this for his entire life. He was declared a "righteous pagan" by the early Catholic Church, and therefore many of his works were deemed worthy of preservation. Saint Augustine and others quoted liberally from his works On the Republic and On the Laws, and it is due to this that we are able to recreate much of the work from the surviving fragments. (shrink)

The principle of informed consent is so firmly established in bioethics and biomedicine that the term was soon bowdlerized in common practice, such that engaging in the informed decision-making process with patients or research subjects is now often called “consenting” them. This evolution, from the original concept to the rather questionable coinage that makes consent a verb, reveals not only a loss of rhetorical precision but also a fundamental shift in the potential meaning, value, and implementation of the informed consent (...) process. Too often, the sharing of information has been replaced by the mere acquisition of agreement with the authority ostensibly offering a choice.Scholars of informed consent agree that its salience and its legitimacy derive from a fiduciary duty to inform, in order to respect, protect, and promote autonomous decision making by those to whom the duty is owed. (shrink)

It is an interesting paradox that on the one hand intemperate enthusiasm greets new medical discoveries. On the other hand, the lack of science in medicine is paraded from time to time, usually as a matter of apologetics, as, when a physician wishes to excuse an error, a lawyer to discredit a physician, or a jury to render a verdict contrary to medical evidence. Philosophers who insist on the mathematical or quantitative aspects in any definition of science ascribe very little (...) that is truly scientific to biology in general or to its daughter medicine in particular. Jerome Frank comments approvingly that “many scientific-minded physicians today deny that medicine is, or is likely ever to be, a science.” Articulate physicians themselves may be highly critical. Dr. Ian Stevenson, for example, declares, “Medicine will not achieve the status of a science until the basic laws of health and disease have been disclosed. But the search for these laws has hardly begun.” Stevenson goes on to point out that instead of seeking basic laws, medicine is concentrating on facts, from which no laws emerge. (shrink)