The devastating impact of the national opioid epidemic has given rise to hundreds of lawsuits. This article details the extremely broad range of legal claims, compares the opioid cases to other public health litigation efforts, including tobacco, and describes the special mechanism — a multidistrict litigation — through which more than 700 opioid-related cases have been consolidated thus far, with settlement almost certain to follow.

Wayne Martin and colleagues argue that decisions about patients’ best interests must sometimes take into account the interests of others Doctors often find themselves in circumstances where they must make decisions on behalf of an incapacitated patient. As a matter of both ethics and law, such decisions must be taken in the best interests of the patient, but uncertainty remains about what is meant by best interests, especially in relation to the interests of others. Should the interests of others enter (...) into a determination of the patient’s best interests? We believe that they should and argue against a recent trend to focus solely on the patient. It only takes a moment’s reflection to appreciate that the interests of one person are often wrapped up with the interests of others. A patient has an interest in recovering from her illness, but so do her family, employer, care providers, etc. Sometimes these various interests can be independently specified, but in other cases they are inextricably intertwined. Suppose that I am a single parent whose overriding interest is to ensure the wellbeing of my children. In that case the proper specification of my best interest is a function of theirs; I simply cannot determine the one without considering the other. This can create an ethical problem in medical decision making. In circumstances where medical staff must make a decision in the best interests of an incapacitated patient, to what extent can or should they take account of the interests of other people whose lives are affected by the outcome? These ethical issues have taken on a concrete legal shape in the UK with the implementation of the Mental Capacity Act 2005, which specifies that, “An act done, or decision made, under this Act for or on behalf of a person who lacks capacity …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:GENDER AND THE PRIESTHOOD OF CHRIST: A THEOLOGICAL REFLECTION BENEDICT M. ASHLEY, 0.P. Aquinas Institute of Theology St. Louis, Missouri I. Does "Patriarchy" Explain the Tradition? HE CONGREGATION for the Doctrine of the Faith, n its 1976 Declaration on the Question of the Admission f Wonien to the Ministerial Priesthood, based its negative response primarily on tradition.1 For many this argument 1 Inter Insigniores (Oct. 15, 1976, AAS (...) 69 [1977]), Origins 6, 33 (Feb. 3, 1977) : 518-531. For a general bibliography on women's studies see Patricia K. Ballou, Women: A Bibliography of Bibliographies, 2nd ed. (Boston: G. K. Hall, 1986). For select bibliography pro and con on the present topic see note 92, p. 560 of my Theologies of the Body: Humanist and Christian (St. Louis: Pope John Center, 1985) and Wendell E. Langley, S.J. and Rosemary J ermann, " Women and the ministerial priesthood: An annotated bibliography," Theology Digest 29 :329-42 (Winter '81). Strong cases against ordination are made by Louis Bouyer, W onzan in the Church, tr. by Marilyn Techert [Epilogue by Hans Urs von Balthasar and Essay by C. S. Lewis, "Priestesses in the Church"] (San Francisco: Ignatius Press, 1979) ; Manfred Hauke, Women in the Priesthood? A Systematic Analysis in the Light of the Order of Creation and Redemption, tr. by David Kipp (San Francisco: Ignatius Press, 1988); L. Ligier, "Women and the ministerial priesthood," Origins, 7:694-702 (April 20, 1978); and Patrick Dunn, Priesthood: A Re-Examination of the Roman Catholz'.c Theology of the Presbyterate (Staten Island, NY: Alba House, 1990), pp. 173-196. Strong cases for ordination are made by Ida Raming, The Exclusion of Women from Priesthood: Divine Law or Sex Discrimination, tr. by Norman R. Adams (Meutchen, NJ: Scarecrow Press, 1976) ; Haye von der Meer, Women Priests in the Catholic Chitrch: A Theological -Historical Investigation, tr. by Arlene and Leonard Swidler (Philadelphia : Temple University Press, 1973) ; George Tavard, Woman in Christian Tradition (Notre Dame: University of Notre Dame Press, 1973) ; Karl Raimer, "Priestertum der Frau," Stimmen der Zeit, 195 :291-301 (May 1977) ; Joseph Komonchak, " Theological Questions on the Ordination of Women," Catholic Mind 75 CJan. 1977) : 13-28; Carroll Stuhlmueller, C. P., ed., Women and Priesthood: Future Directions (Collegeville, MN: Liturgical Press, 1978); and Elizabeth Schussler Fiorenza, In Memory of Her: A Feminist Theological Reconstruction of Christian Origins (New York: Crossroad, 1983). 343 344 BENEDICT Mo ASHLEY, OoPo fails to persuade" It seems obvious to them that this " tradition " merely reflects the " patriarchalism " of the Jewish and pagan milieu of the early Church" The Declaration anticipated this objection when it pointed out (a) that Jesus was counter-cultural in many respects, especially in his attitude toward women; (b) a better explanation for the tradition can be found in the reality (res) which the sacrament of ordination symbolizes, namely, that the priest acts ini persona Christi capitis ecclesiae" Thus the essential role of a Christian priest is to represent Christ present and acting in his Church as its male Head" The Congregation formulated its conclusion cautiously: "The Church, in fidelity to the example of the Lord, does not consider herself authorized to admit women to priestly ordination." 2 Thus no other opinion may be followed in practice, and if bishops or theologians raise questions about the meaning of the tradition they must not trivialize its importance nor arouse illusory expectations of change. Final judgment on the matter can only pertain to the magisterium. In what follows I will not explore the argument from tradition as such, but only the supporting argument from symbolism, in an attempt to fill in certain steps which it seems to me the Declaration passed over. Nor will I deal here with other secondary arguments against the Declaration's conclusion, particular the pragmatic argument that since Christians have a right to the Eucharist, the decline of male priestly vocations in many secularized countries justifies the ordination of women" H the Church has no power to ordain women validly, obviously that argument, however practically attractive, is beside the point2 2 Inter Insigniores, last paragraph of the Introduction. 3 The members of a local church have a " right " to the Eucharist only if they... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 44, no. 2. © 2018 by Feminist Studies, Inc. 363 Ashley Glassburn Falzetti What Makes an Interdisciplinary Feminist Scholar? Preparing for the Unknown in a Skill-centered Curriculum I first read the 1998 special issue of Feminist Studies “Disciplining Feminism? The Future of Women’s Studies” in a monthly reading group of scholars from across the globe working on PhDs in women’s, gender, feminist, and/or queer studies (WGFQS).1 (...) We began meeting informally in the halls of the National Women’s Studies Association (NWSA) annual conference, discussing how our training compared and what sort of support was out there for scholars dissertating in WGFQS.2 What surprised us most while we re/read these articles was that the concerns about the field had not changed much in the twelve years that had passed since their original publication. Now that twenty years have passed, the concerns remain even though some of the controversies are settled. Despite claims about the impossibility of the women’s studies PhD, doctoral programs have flourished. In their introduction to the 1998 special issue, Nancy Hewitt and 1. I use WGFQS PhDs to refer to people who have earned a PhD from an interdisciplinary WGFQS doctoral program. The majority of WGFQS doctoral programs were founded on the ideals of interdisciplinarity. Some doctoral programs retained a joint-degree model that honors the multi-disciplinary origins of the field by requiring a major in a disciplinary field, such as English, history, psychology, or law. 2. The most active participants of this group included Sonja Thomas (who coordinated the discussions), Jennifer Musto, Stephanie Clare, Evangeline Heiliger, and Laura Foster. 364 Ashley Glassburn Falzetti Susan S. Lanser focus on the relationship between disciplinary formations and the possibility of formal preparation to conduct interdisciplinary research.3 As graduate programs were expanding, the role of methods in curriculum centered concerns over the efficacy of interdisciplinary training. Now that a critical mass of PhDs is trained in interdisciplinary WGFQS, a new understanding of the role of methods is emerging. Interdisciplinary feminist questions require scholars to employ new research skills regularly throughout their careers, thus preparing junior scholars to ask and answer questions well is more efficient than studying a range of methods. The Problem of Methods Throughout the early literature on WGFQS, there is slippage between discussing interdisciplinary methods and feminist methodology.4 Methods refer to the techniques researchers use to gather data, what Sally Kitch and Mary Margaret Fonow define in their study of WGFQS dissertations as “a technique for gathering evidence.”5 Feminist methodologies involve the ethical, political, and epistemological concerns that mark research as a distinctively feminist approach to inquiry. Slipping between discussions of feminist methodologies (on the dynamics of power, representation, and knowledge production) and disciplinary methods (how researchers gather data) has contributed to the sticky association of feminist interdisciplinarity as a “problem of methods.” Vivian May, one of the earliest WGFQS PhDs and former NWSA president, argues that the continued attachment to such disciplinary parameters “defused that potential” of interdisciplinarity as a means of transforming feminist modes of knowledge production.6 Arguments that feminist interdisciplinarity could be a more just or a more contextually objective 3. Nancy Hewitt and Susan S. Lanser, “Preface,” Feminist Studies 24, no. 2, special issue, “Disciplining Feminism? The Future of Women’s Studies” (Summer 1998): 236. 4. In addition to the 1998 special issue of Feminist Studies, see NWSA Journal 12, no. 2 (Summer 2000) and response essays across feminist studies journals between 2000 and 2003. 5. Sally L. Kitch and Mary Margaret Fonow, “Analyzing Women’s Studies Dissertations: Methodologies, Epistemologies, and Field Formation,” Signs: Journal of Women in Culture and Society 38, no. 1 (Autumn 2012): 99–126. 6. Vivian May, “Disciplinary Desires and Undisciplined Daughters,” NWSA Journal 14, no. 1 (Spring 2002): 144. Ashley Glassburn Falzetti 365 approach to inquiry fueled the desire to build WGFQS PhD programs; however, the concern that interdisciplinarity is always already undisciplined led many departments to rely on disciplinary methods training when designing curriculum. The focus on methods as a means to interdisciplinarity assumes that traditional disciplines are best suited to intellectual inquiry or at least that WGFQS scholars need a disciplinary rationale for... (shrink)

This piece, included in the drift special issue of continent., was created as one step in a thread of inquiry. While each of the contributions to drift stand on their own, the project was an attempt to follow a line of theoretical inquiry as it passed through time and the postal service from October 2012 until May 2013. This issue hosts two threads: between space & place and between intention & attention. The editors recommend that to experience the drifiting thought (...) that attention be paid to the contributions as they entered into conversation one after another. This particular piece is from the BETWEEN SPACE & PLACE thread: April Vannini, Those Between the Common * Laura Dean & Jesse McClelland, Ballard: A Portrait of Placemaking * Amara Hark Weber, Crossroad * Isaac Linder & Berit Soli-Holt, The Call of the Wild: Terror Modulations * Ashley D. Hairston, Momma taught us to keep a clean house * Sean Smith, The Garage * * * * Instead of beginning with radical doubt, we start from naiveté. —Graham Harman, The Quadruple Object Deep in the forest a call was sounding, and as often as he heard this call, mysteriously thrilling and luring, he felt compelled to turn his back upon the fire and the beaten earth around it, and to plunge into the forest, and on and on, he knew not where or why; nor did he wonder where or why, the call sounding imperiously, deep in the forest. —Jack London, The Call of the Wild The figure of the feral remains a perpetual enigma, but the parameters remain relatively consistent. A person, usually a child, enters civilization after having been raised by wolves or kept in some kind of cruel captivity. The outsider perspective on domestication ensuing in an edge of a culture's self-recognition of its clumsier attributes, what has been taken for granted becomes apparent, is brought to the foreground with the stranger and made questionable. Amusement follows naïve questions or observations such as Kaspar Hauser in the Herzog film, The Enigma of Kaspar Hauser, when Kaspar notes that while in his room he is engulfed by it, but when he looks at the tower he can turn away and it disappears. Ergo, the room is larger than the tower. How entertaining. The aberrant one destabilizes the comforting cultural normative. Places become seen as mere impressions out of space, a patterning, a rut that not everyone lives in like us. This is one figure of the feral. The naiveté that begs all the questions. As a figure for a certain philosophical disposition, the rapidity of one’s saccade scans the environment, intuits it’s space, not from an initial thaumazein or a Critchlean sense of disappointment, but from a child-like naiveté bent on survival. To serve the naïve is merely one form of critique, and it is not nearly used enough in lieu of the critique that provides answers. How dull. It is not necessary to be an outsider to entrench a critique with naiveté. After having forced to suffer in the most parched and rocky terror, itself for so long rooted upwards of fifty feet into the ground upon which it grows, even a grapevine can spontaneously produce a white grape on a red vine. The curious feral can arise from within, and like pinot grigio, it adds variety without admonishing its roots. There is also the feral dog. Not raised by wolves, but humans. Founded in place the figure of this feral denies this place. The trajectory of this feral roves from the cultivated to uncultivated, or in speaking of plants from controlled to volunteer, finding the necessary nutrients and survival patterns on its own. Finding other places, reaching out into space testing its fertility. And when introduced into a foreign environment, it withers or flourishes. We would like to attempt a thesis at this juncture and to accept neither feral figure in its entirety, but to argue for the intimate conjunction between a cultivated place and its resonance with the space it procures for its nest and kin. I'm not a biter, I'm a writer for myself and others. —Jay-Z, What More Can I Say? I am writing for myself and strangers. This is the only way that I can do it. Everybody is a real one to me, everybody is like some one else too to me. No one of them that I know can want to know it and so I write for myself and strangers. —Gertrude Stein, The Making of Americans There is no subjective disposition outlining an unambiguous individual of the para-academy. There is no para-academic. We all have day jobs. 'Para-academic' seeped through the cracks as an adjective in the call to frame publishing dedicated to the critical rigor expected by academic publishing, but to deny the limitations of guarded legitimation through capital means. Open-access holds hands with this parasitic descriptor. Para-academic publishing's refusal to adhere to the valuation of locked access of a site, the site “of a desperate initiation to the empty form of value,” 1 seeks to recognize not merely an inclusive interpretation of significance, but the significance of thinking practice. The practice inside the paywalls of academic 'education' is held in a deathgrip by its infatuation with value and information, both empty without the apprehension of human experience, the barbaric yawp. “I can't breathe in here.” It is not that a para-academic practice leads one to the childish wonder of Kaspar Hauser who wonders about the spatiality of his room. It is the academic legitimation that distorts that one can hold the understanding of both in a constellation of place and space. Led to believe there is only a place for things, we are led to disillusionment. It is also not that a para-academic practice relinquishes itself to the invasive growth outside of careful cultivation, an abandonment of pleasantries for the toothy growl of a predator. It is the academy's fear that thought does not require capital to signify value. Some of the most nutritious meals can be foraged. Defining a para-academic practice is not outlining a place of accreditation of the practice, it is the recognition that any place is subject to modulation by the space it inhabits as well as creates. The para-academic practice keeps an eye of the creation of spaces, follows those paths that eat themselves in the name of academia. This is not unlike Red Peter's report to the academy, only successful if we report in idle idiosyncratic banalities that we have once again become victorious in our acculturation and nullification within the confines of accredited mush and our trajectory of wild rigor is defeated in our desire for recognition as recognizable in this place. Weeds are integral to the functioning of a large ecosystem. The manicured garden is entirely reliant on its keeper. The pansy can also go wild once neglected, the daisy definitely does.... a universe comes into being when a space is severed or taken apart. The skin of a living organism cuts off an outside from an inside. So does the circumference of a circle in a plane. By tracing the way we represent such a severance, we can begin to reconstruct, with an accuracy and coverage that appear almost uncanny, the basic forms underlying linguistic, mathematical, physical, and biological science, and can begin to see how the familiar laws of our own experience follow from the original act of severance. The act is itself already remembered, even if unconsciously, as our first attempt to distinguish different things in a world where, in the first place, the boundaries can be drawn anywhere we please. At this stage the universe cannot be distinguished from how we act upon it, and the world may seem like shifting sand beneath our feet. —George Spencer-Brown, Laws of Form Two edges are created: an obedient, conformist, plagiarizing edge, and another edge, mobile, blank, which is never anything but the site of its effect: the place where the death of language is glimpsed. These two edges, the compromise they bring about, are necessary. —Roland Barthes, The Pleasure of the Text Between these two epigraphs, interminable questions of where and questions of happening, gesture, and interface. To stay buoyed between a site of visible happening and haptic perspicacity. Bounded by one or the other leads to a desiccation of potential knowledge. The tumbleweed tumbles until met with mud, a bare structure moving but not movement. A tumbleweed tumbleweeds, propagates only at a place. It becomes significant again, continues. Significance, the site where meaning is made known through kinesthetic apprehension. 2 The feral founds a gestural horizon; an outsider’s scrawl-becoming-law; Deleuze teaching Meno’s dog geometry. Place as marked, outlined, recognized, territorialized. The academies marked by their peculiar disciplines, outlined by their rigid boundaries, recognized as factories of value. This far from ensures complete purchase on the space of thought, but it has made an undeniably elaborate means of making work significant. The academy is a muddy spot, it is fertile, but its gates are high and its dogs are barking. The coordinates of concept and experience. Already claimed by a stabilizing suspension, the terms enter specificity of ‘this is this’. Another correlation: activity and the individual. The individual, a placeholder in the crosshairs of juridical identification. Activity, what expands and surrounds this location, but utterly indebted to the node of “one who”. What's happening in this oscillation of nature and nurture is practice. Practice, as Stengers tells us “is not the activity of an individual or the product of that activity. It is the ingredient without which neither that activity nor this product would exist as such.” 3 Moving outward from our own honing, we're curious about the ingredient creating the place for holding conceptual and experiential engagements in each hand. And we'd like to argue that this place is not a limiting specification, but a practice undulating daily, by the minute. And we call this practice the para-academic practice. I repeat: there was no attraction for me in imitating human beings; I imitated them because I needed a way out, and for no other reason. —Franz Kafka, A Report to an Academy In order to exist, man must rebel, but rebellion must respect the limit it discovers in itself—a limit where minds meet and, in meeting, begin to exist. — Albert Camus, The Rebel Anyone is a para-academic or practicer of such means. The academic can, and we argue should, be active para-academically, to escape the bounds, recognizing no site specific place as a place to rest on or the place to grab the Kafka's top and wonder at its disobedience not to continue. Yet, the para-academic practice must maintain the desire for rigor in scholarship. Indeed desiring past itself to claim a more naïve rigor, one that does not take its form for granted. Without a para-academic practice, the scholar spends half the time merely working on behalf of a hierarchy, to maintain it, and the other measly amounts of time are in the name of thinking, but only in name. Not to mention the amount of debt it takes to attend the halls of higher education. Not to mention the snoring tenures. Not to mention the barely scraping by adjuncts. Not to mention the materials that shake the very force of producible theory. Not to mention when swimming in texts becomes slogging through data. Academia is a barbaric food chain and it is our claim that there is, as always, an imperative for thought to move, with Heidegger, beyond the logics of calculation and planning, to a time of its own. The path, into the panic of the dark wood of this space can be followed by any; any who let the silence and the rigor enter the play. Where the little theater is larger when inhabited ; where the data of the tutor asymptotically refutes; and where, as much as one wouldn’t expect it here, ballet may turn out to be the most feral of forms… NOTES Jean Baudrillard, “Value's Last Tango” Simulacra and Simulation trans. Sheila Faria Glaser,. “What is significance? It is meaning, insofar as it is sensually produced.” Roland Barthes in The Pleasure of the Text. Isabelle Stengers, “The Science Wars” Cosmopolitics I trans. Robert Bononno, 47. (shrink)

The interventionist account of causal explanation, in the version presented by Jim Woodward, has been recently claimed capable of buttressing the widely felt—though poorly understood—hunch that high-level, relatively abstract explanations, of the sort provided by sciences like biology, psychology and economics, are in some cases explanatorily optimal. It is the aim of this paper to show that this is mistaken. Due to a lack of effective constraints on the causal variables at the heart of the interventionist causal-explanatory scheme, as presently (...) formulated it is either unable to prefer high-level explanations to low, or systematically overshoots, recommending explanations at so high of a level as to be virtually vacuous. (shrink)

In recent years, a number of realist thinkers have charged much contemporary political theory with being idealistic and moralistic. While the basic features of the realist counter-movement are reasonably well understood, realism is still considered a critical, primarily negative creed which fails to offer a positive, alternative way of thinking normatively about politics. Aiming to counteract this general perception, in this article I draw on Bernard Williams’s claims about how to construct a politically coherent conception of liberty from the non-political (...) value of freedom. I do this because Williams’s argument provides an illuminating example of the distinctive nature of realist political thinking and its attractions. I argue that Williams’s account of realist political thinking challenges the orthodox moralist claim that normative political arguments must be guided by an ideal ethical theory. I then spell out the repercussions Williams’s claims about the significance of political opposition and non-mor... (shrink)

Many bodily sensations are connected quite closely with specific actions: itches with scratching, for example, and hunger with eating. Indeed, these connections have the feel of conceptual connections. With the exception of D. M. Armstrong, philosophers have largely neglected this aspect of bodily sensations. In this paper, I propose a theory of bodily sensations that explains these connections. The theory ascribes intentional content to bodily sensations but not, strictly speaking, representational content. Rather, the content of these sensations is an imperative: (...) in the case of itches, 'Scratch!' The view avoids non-intentional qualia and hence accords with what could be called, generalizing Lycan slightly, the 'hegemony of intentionality'. (shrink)

The article proposes a framework for the analysis of identity as produced in linguistic interaction, based on the following principles: identity is the product rather than the source of linguistic and other semiotic practices and therefore is a social and cultural rather than primarily internal psychological phenomenon; identities encompass macro-level demographic categories, temporary and interactionally specific stances and participant roles, and local, ethnographically emergent cultural positions; identities may be linguistically indexed through labels, implicatures, stances, styles, or linguistic structures and systems; (...) identities are relationally constructed through several, often overlapping, aspects of the relationship between self and other, including similarity/difference, genuineness/artifice and authority/ delegitimacy; and identity may be in part intentional, in part habitual and less than fully conscious, in part an outcome of interactional negotiation, in part a construct of others’ perceptions and representations, and in part an outcome of larger ideological processes and structures. The principles are illustrated through examination of a variety of linguistic interactions. (shrink)

The principle of sufficient reason threatens modal collapse. Some have suggested that by appealing to the indefinite extensibility of contingent truth, the threat is neutralized. This paper argues that this is not so. If the indefinite extensibility of contingent truth is developed in an analogous fashion to the most promising models of the indefinite extensibility of the concept set, plausible principles permit the derivation of modal collapse.

One of the most basic functions of human language is to convey who did what to whom. In the world's languages, the order of these three constituents (subject [S], verb [V], and object [O]) is uneven, with SOV and SVO being most common. Recent experiments using experimentally elicited pantomime provide a possible explanation of the prevalence of SOV, but extant explanations for the prevalence of SVO could benefit from further empirical support. Here, we test whether SVO might emerge because (a) (...) SOV is not well suited for describing reversible events (a woman pushing a boy) and (b) pressures to be efficient and mention subjects before objects conspire to rule out many other alternatives. We tested this by asking participants to describe reversible and non‐reversible events in pantomime, and we instructed some participants to be consistent in the form of their gestures and to teach them to the experimenter. These manipulations led to the emergence of SVO in speakers of both English (SVO) and Turkish (SOV). (shrink)

Journal of Applied Philosophy, EarlyView.

Reproduction is broadly recognised as fundamental to human flourishing. The presumptive priority of reproductive freedom forms the predominant position in the literature, translating in the non-sexual reproductive realm as an almost inviolable right to access assisted reproductive technology (ART). This position largely condemns refusal or restriction of ART by clinicians or the state as discriminatory. In this paper, I critically analyse the moral rights individuals assert in reproductive pursuit to explore whether reproductive rights entitle hopeful parents to ART. I demonstrate (...) that none of the protected actions performed, or entitlements generated are sui generis ‘reproductive’ rights, leading to the claim that there is no such thing as a right to reproduce. Under scrutiny, the reproductive right is a far narrower and weaker rights assertion than is recognised in the literature. I argue that the predominant position is grounded in a fundamental misunderstanding of the scope and strength of reproductive claims.I also highlight a significant conceptual inconsistency in the literature. On one hand, there is broad consensus that reproductive rights are predominantly negative, yet access to fertility treatment is framed as a component of the right. This wrongly contorts the negative nature of reproductive rights into a positive claim-right to ART. I conclude that this mistakenly frames ART access as sitting within the scope of reproductive freedom. I offer a revised conceptual paradigm of reproductive rights that has important clinical and policy implications for the provision and regulation of ART. (shrink)

Fertility clinicians participate in non-sexual reproductive projects by providing assisted reproductive technology (ART) to those hoping to reproduce, in support of their reproductive goals. In most countries where ART is available, the state regulates ART as a form of medical treatment. The predominant position in the reproductive rights literature frames the clinician’s role as medical technician, and the state as a third party with limited rights to interfere. These roles broadly align with established functions of clinician and state in Western (...) liberal democracies, where doctors have duties to provide safe, beneficial and legal healthcare to all who seek it. Recognised state responsibilities include safeguarding equitable access to medical services and protecting and promoting reproductive liberty.I argue against this normative moral framing of clinician and state involvement in non-sexual reproduction, suggesting that clinician and state join the non-sexual reproductive project at the point of triggering conception. Begetting a child is more than just the provision and regulation of healthcare; it generates rights and confers responsibilities on all who join this morally significant project. All who collaborate have the right to join or refuse to join the project. I suggest this is intuitively understood in the sexual realm, but not in the non-sexual realm. My key substantive claim is that non-sexual reproduction is a pluralist pursuit that morally implicates more than the genetic and gestational contributors. I find that while the moral basis of a clinician or the state’s right to refuse to join the ART project is the same as for those providing gestational or genetic input, the reasons that morally underpin their refusal differs. (shrink)

The predominant position in the reproductive rights literature argues that access to assisted reproductive technologies (ART) forms part of an individual’s right to reproduce. On this reasoning, refusal of treatment by clinicians (via provision) violates a hopeful parent’s reproductive right and discriminates against the infertile. I reject these views and suggest they wrongly contort what reproductive freedom entitles individuals to do and demand of others. I suggest these views find their origin, at least in part, in the way we define (...) “reproduction” itself. This paper critically analyses two widely accepted definitions of human reproduction and demonstrates that both are fundamentally flawed. While the process of reproduction includes the biological acts of begetting and bearing a child, I argue that it does not extend to include rearing. This reworked definition has little impact in the realm of sexual reproduction. However, it has significant ethical implications for the formulation and assignment of reproductive rights and responsibilities in the non-sexual realm in two important ways. First, a claim to access ART where one has an intention to rear a child (but does not beget or bear) cannot be grounded in reproductive rights. Second, lacking an intention to rear does not extinguish the reproductive rights and responsibilities for those who collaborate in the process. I conclude that clinicians collaborate in non-sexual reproduction at the point of triggering conception (begetting) and therefore have the right to refuse to be involved in non-sexual reproduction, in some instances, as do all reproductive collaborators. (shrink)

In Michel de Certeau’s Invention of the Everyday, improvisational community dance function as a catalyst for the subversive art of the oppressed, via its ancient Greek virtue/power of mētis, being “foxlike.” And in de Certeau’s The Possession of Loudun, this foxlike dance moves to the stage, as an improv chorus that disrupts the events at Loudon when reimagined as a tetralogy of plays at City Dionysia. More precisely, Loudun’s tetralogy could be interpreted as a series of three tragedies and one (...) comedy, the latter of which involves the chorine nuns’ channeling of anomie into a proto-feminist transfiguration. More precisely, the tactical prowess of the nuns’ chorus leader, namely the prioress Jeanne des Anges, elevates her to the status of an angelic prophet, which in de Certeau’s theatrical dancing critique makes her the Loudun tetralogy’s Dionysian, foxlike mage. In conclusion, this analysis suggests de Certeau’s relevance for revolutionary social justice today. (shrink)

This article explores Fanon's thought on dance, beginning with his explicit treatment of it in Black Skin, White Masks and The Wretched of the Earth. It then broadens to consider his theorization of Black embodiment in racist and colonized societies, considering how these analyses can be reformulated as a phenomenology of dance. This will suggest possibilities for fruitful encounters between the two domains in which (a) dance can be valorized while (b) opening up sites of resignification and resistance for Black (...) persons and communities-including a revalorization of Black embodiment as a kind of empowering danced experience. (shrink)

The aim of this paper is to explore Deleuze's use of Kant's argument from incongruent counterparts, which Kant uses to show the existence of what he calls an “internal difference” within things. I want to explore how Deleuze draws out an important distinction between the concept and the Idea, and provides an incisive account of his relationship to both the Kantian and Leibnizian projects. First, I look at Kant's use of the argument to provide a refutation of the Leibnizian account (...) of space, before showing how this criticism in fact rests on the question of the conceptual determination of object. Second, I show how Deleuze develops a taxonomy of difference on the basis of his reading of Kant's argument. Finally, I look at what Deleuze sees as the limitations in Kant's understanding of this concept and Deleuze's attempt to overcome these limitations through the introduction of the notion of the Idea, which will provide a genetic and nonconceptual account of the object. In doing so, I show why Deleuze takes the formulation of an adequate account of difference to be one of the central aims of his own metaphysics. (shrink)

How can the development of ideas in a scientific field be studied over time? We apply unsupervised topic modeling to the ACL Anthology to analyze historical trends in the field of Computational Linguistics from 1978 to 2006. We induce topic clusters using Latent Dirichlet Allocation, and examine the strength of each topic over time. Our methods find trends in the field including the rise of probabilistic methods starting in 1988, a steady increase in applications, and a sharp decline of research (...) in semantics and understanding between 1978 and 2001, possibly rising again after 2001. We also introduce a model of the diversity of ideas, topic entropy, using it to show that COLING is a more diverse conference than ACL, but that both conferences as well as EMNLP are becoming broader over time. Finally, we apply Jensen-Shannon divergence of topic distributions to show that all three conferences are converging in the topics they cover. (shrink)

This introductory chapter offers an overview of the context, content, and history of environmental political theory as a field of study within political science. It starts by differentiating EPT from both the subfield of political theory and other areas of sustainability and environmental studies, with its focus on the political nature of human/non-human relations. EPT’s development over the last twenty years is discussed, in terms of both substantive foci and maturation as a field. The chapter then turns to an overview (...) of the structure and chapters of the Handbook, including chapters on EPT as a field of inquiry, the rethinking of nature and political subjects, the goals and ideals of EPT, various obstacles faced by environmental change, and the role of activism in environmental politics and thought. (shrink)

In this article, I offer a new philosophical interpretation of Virgil’s Aeneid, dually centered on the queens of Olympus and Carthage. More specifically, I show how the philosopher-poet Virgil deploys Dido’s Junonian furor as the Aristotelian matter of the unjust Roman imperium, the feminist counterforce to the patriarchal force disguised as peaceful order. The first section explores Virgil’s political and biographical background for the raw materials for a feminist, anti-imperial political philosophy. The second section, following Marilynn Desmond, situates the continuing (...) misogynist condemnation of Virgil’s two goddess-queens in the context of their honored centrality in Roman and Carthaginian culture. The third section reinterprets Virgil’s goddess-queens as agents of furor as (apparently mad) feminist counterforce to the (actually mad) unjust force of the Roman empire and its agents Jupiter and Aeneas. The fourth section translates these poetic philosophical interpretations into prose, arguing that Dido’s Junonian furor is the Aristotelian matter constituting the unjust forms of Roman imperium. And the conclusion applies the latter analysis to Hardt and Negri’s Empire, suggesting Dido as a model for the “multitude” in the fight against the imperial injustice of today’s globalized empire. (shrink)

Part of a larger project of constructing a new, historically informed philosophy of dance, built on four phenomenological constructs that I call “Moves,” this essay concerns the third Move, “grace.” The etymology of the word “grace” reveals the entwined meanings of pleasing quality and authoritative power, which may be combined as “beautiful force.” I examine the treatments of grace in German philosopher Friedrich Schiller, who understands it as playful, naive transformation of matter; and in American philosopher John Dewey, for whom (...) it represents rhythmic organism/environment reversal. I conclude by showing how “grace” can be used in analyzing various types of dance, which in turn suggests transformational potential for philosophy, dance, and society as a whole. (shrink)

The Afro-Latin dance known as ‘salsa’ is a fusion of multiple dances from West Africa, Muslim Spain, enslaved communities in the Caribbean, and the United States. In part due to its global origins, salsa was pivotal in the development of the Figuration philosophy of dance, and for ‘dancing with,’ the theoretical method for social justice derived therefrom. In the present article, I apply the completed theory Figuration exclusively to salsa for the first time, after situating the latter in the dance (...) studies literature. My first section explores Juliet McMains’ recent history, Spinning Mambo into Salsa, with an emphasis on the dynamics of class, race and sex therein. My second section explores a resonant Afro-Latin dance history, Marta E. Savigliano’s Tango and the Political Economy of Passion, where she deploys salsa’s sister-dance (tango) as a ‘counter-choreography’ to the choreography of postmodern neocolonialism. And my third section applies Figuration’s four central aspects of dance (or ‘Moves’) to salsa qua member of its ‘societal’ family of dance. In conclusion, through partnering with salsa, Figuration emerges as a member of its own ‘discursive’ family of dance, while salsa emerges as a gestural discourse capable of helping reconstruct a more socially-just world from the postmodern ruins of today. (shrink)

Objective: Little empirical evidence exists to support either side of the ongoing debate over whether legalising physician aid in dying would undermine patient trust.Design: A random national sample of 1117 US adults were asked about their level of agreement with a statement that they would trust their doctor less if “euthanasia were legal [and] doctors were allowed to help patients die”.Results: There was disagreement by 58% of the participants, and agreement by only 20% that legalising euthanasia would cause them to (...) trust their personal physician less. The remainder were neutral. These attitudes were the same in men and women, but older people and black people had more agreement that euthanasia would lower trust. However, overall, only 27% of elderly people and 32% of black people thought that physician aid in dying would lower trust. These views differed with physical and mental health, and also with education and income, with those having more of these attributes tending to view physician aid in dying somewhat more favourably. Again, however, overall views in most of these subgroups were positive. Views about the effect of physician aid in dying on trust were significantly correlated with participants’ underlying trust in their physicians and their satisfaction with care. In a multivariate regression model, trust, satisfaction, age, and white/black race remained independently significant.Conclusion: Despite the widespread concern that legalising physician aid in dying would seriously threaten or undermine trust in physicians, the weight of the evidence in the USA is to the contrary, although views vary significantly. (shrink)

The ethics of physical restraint in the Emergency Department has always been an emotive and controversial issue. Recently a vanguard of advocacy groups and regulatory agencies have...

: This essay provides a critical analysis of rape prevention since the 1980s. I argue that we must challenge rape prevention's habitual reinforcement of the notion that fear is a woman's best line of defense. I suggest changes that must be made in the anti-rape movement if we are to move past fear. Ultimately, I raise the question of what, if not vague threats and scare tactics, constitutes prevention.

Work organizations construct gender relations by two mechanisms. First, they allocate men and women to different positions. Instead of the traditional pattern of firm-specific segregation of waiters and waitresses, quantitative data show that most restaurants in this study have integrated wait staffs. Second, work organizations define job performances in gender terms. Qualitative data from five illustrative restaurants show that male and female servers in integrated staffs “do gender” by performing gendered service styles. Even when men and women are coservers, job (...) titles and dress codes suggest that providing service in a fine dining restaurant is waitering, whereas serving in a coffee shop is waitressing. Focusing on gendered styles of services expands our definition of gender and has serious implications for efforts to achieve occupational integration. (shrink)

Arguably, Hume's greatest single contribution to contemporary philosophy of science has been the problem of induction (1739). Before attempting its statement, we need to spend a few words identifying the subject matter of this corner of epistemology. At a first pass, induction concerns ampliative inferences drawn on the basis of evidence (presumably, evidence acquired more or less directly from experience)—that is, inferences whose conclusions are not (validly) entailed by the premises. Philosophers have historically drawn further distinctions, often appropriating the term (...) “induction” to mark them; since we will not be concerned with the philosophical issues for which these distinctions are relevant, we will use the word “inductive” in a catch-all sense synonymous with “ampliative”. But we will follow the usual practice of choosing, as our paradigm example of inductive inferences, inferences about the future based on evidence drawn from the past and present. A further refinement is more important. Opinion typically comes in degrees, and this fact makes a great deal of difference to how we understand inductive inferences. For while it is often harmless to talk about the conclusions that can be rationally believed on the basis of some.. (shrink)

The aim of this paper is to explore the uses made of the calculus by Gilles Deleuze and G. W. F. Hegel. I show how both Deleuze and Hegel see the calculus as providing a way of thinking outside of finite representation. For Hegel, this involves attempting to show that the foundations of the calculus cannot be thought by the finite understanding, and necessitate a move to the standpoint of infinite reason. I analyse Hegel’s justification for this introduction of dialectical (...) reason by looking at his responses to Berkeley’s criticisms of the calculus. For Deleuze, instead, I show that the differential must be understood as escaping from both finite and infinite representation. By highlighting the sub-representational character of the differential in his system, I show how the differential is a key moment in Deleuze’s formulation of a transcendental empiricism. I conclude by dealing with some of the common misunderstandings that occur when Deleuze is read as endorsing a modern mathematical interpretation of the calculus. (shrink)

A significant portion of the world’s text is tagged by readers on social bookmarking websites. Credit attribution is an inherent problem in these corpora because most pages have multiple tags, but the tags do not always apply with equal specificity across the whole document. Solving the credit attribution problem requires associating each word in a document with the most appropriate tags and vice versa. This paper introduces Labeled LDA, a topic model that constrains Latent Dirichlet Allocation by defining a one-to-one (...) correspondence between LDA’s latent topics and user tags. This allows Labeled LDA to directly learn word-tag correspondences. We demonstrate Labeled LDA’s improved expressiveness over traditional LDA with visualizations of a corpus of tagged web pages from del.icio.us. Labeled LDA outperforms SVMs by more than 3 to 1 when extracting tag-specific document snippets. As a multi-label text classifier, our model is competitive with a discriminative baseline on a variety of datasets. (shrink)

In a 2014 article in The Guardian, an Indigenous shaman of the Yanomami people of the Amazon rainforest named Davi Kopenawa offers a devastating critique of white society. It is formed of excerpts from multiple interviews, which form the basis of his memoir The Falling Sky, compiled and translated by his French anthropologist collaborator Bruce Albert. Here I bring the dual lenses of philosophy and dance studies to explore how Kopenawa’s lifelong interaction with white people facilitated his reworking of Yanomami (...) shamanic discourse into a parrhesia against the “epidemic fumes” of climate change, on behalf of the Yanomami of the Amazon, white people, and all the beings of the earth. (shrink)

It has recently been asserted that legislative moves to consider plants as ethical subjects are philosophically foolish because plants lack autonomy. While by no means the sole basis or driving criterion for moral behavior, it is possible to directly challenge skeptical attitudes by constructing a human-plant ethics centered on fundamental notions of autonomy. Autonomous beings are agents who rule themselves, principally for their own purposes. A considerable body of evidence in the plant sciences is increasingly recognizing the capacity of plants (...) to assess, perceive, and act on their environment. The primary purpose of their doing so is to generate the conditions for their own flourishing. With these plant purposes in mind, it is evidentially inappropriate to treat plants purely as instruments. In this age of environmental crisis, knowledge of plant intelligence and autonomy opens up a new debate on respecting and promoting the well-being of the plants that make life on Earth possible. (shrink)

This essay—part of a larger project of constructing a new, historically informed philosophy of dance, built on four phenomenological constructs that I call “Moves”—concerns the second Move, “gesture,” the etymology of which reveals its close connection to the Greek word “metaphor.” More specifically, I examine the treatments of gesture by the philosophers George Herbert Mead and Etienne Bonnot de Condillac, both of whom view it as the foundation of language. I conclude by showing how gesture can be used in analyzing (...) various types of dance, which in turn suggests transformational potential for philosophy, dance, and society as a whole. (shrink)

My first section considers Walter J. Ong’s influential analyses of the logical method of Peter Ramus, on whose system Milton based his Art of Logic. The upshot of Ong’s work is that philosophical logic has become a kind monarch over all other discourses, the allegedly timeless and universal method of mapping and diagramming all concepts. To show how Milton nevertheless resists this tyrannical result in his non-Logic writings, my second section offers new readings of Milton’s poems Il Penseroso and Sonnet (...) 16: “On His Blindness”, along with his prose epilogue to his elegies (and thereby the entire collection entitled Poems). These readings attempt to show (1) the original admixing of philosophy and poetry (under the heading of “thoughtfulness”), (2) the shadow-hidden superiority of poetry in connection to the effeminising disability of blindness, and (3) the potential irony of an apology that arguably suggests poetry’s superiority to philosophy. Finally, I rest my case for Milton’s rebellion by offering an interpretation of Paradise Lost which affirms the character of Satan qua dark, queer, poetic figure of classical republicanism. (shrink)

This paper analyzes the nature of the Star Maker in Olaf Stapledon’s Star Maker, as well as Stapledon’s exploration of the theological problem of evil, as compared with philosophical conceptions of God and their respective theodicies in the tradition of classical theism, as propounded by philosophers such as Aristotle, Plotinus, Augustine, Maimonides, Aquinas, and Avicenna. It argues that Stapledon’s philosophical divergence from classical theism entails that the Star Maker of the novel is more demiurge than true divinity, and that this (...) divergence is integral to the basically amoral character of the Star Maker, as well as the purely aesthetic resolution of the problem of evil articulated in Star Maker. This analysis, in turn, will hopefully bear on future studies touching on the trope of quasi-divinities, evolved and contingent gods, present in the work of other SF authors. (shrink)

We show that if N and M are transitive models of ZFA such that N M, N and M have the same kernel and same set of atoms, and M AC, then N is a Fraenkel-Mostowski-Specker (FMS) submodel of M if and only if M is a generic extension of N by some almost homogeneous notion of forcing. We also develop a slightly modified notion of FMS submodels to characterize the case where M is a generic extension of N not (...) necessarily by an almost homogeneous notion of forcing. (shrink)

In this paper, I want to look at the way in which Deleuze's reading of Kant's transcendental dialectic influences some of the key thèmes of Différence and Répétition. As we shall see, in the transcendental dialectic, Kant takes the step of claiming that reason, in its natural functioning, is prone to misadventures. Whereas for Descartes, for instance, error takes place between two faculties, such as when reason (wrongly) infers that a stick in water is bent on the basis of sensé (...) impressions, Kant postulâtes that reason générâtes illusions internally purely in the course of its natural function. It is thèse illusions which lead reason into antinomy, as on the basis of thèse illusions, it is led to posit an illegitimate concept of the world as a totality. Further, for Kant, the antinomies represent an indirect proof of transcendental idealism, as it is only with the additional assumption of the noumenon, as that which falls outside of appearance, that we are able to résolve the antinomies. Deleuze's work on the image of thought clearly owes a great deal to Kant's theory of transcendental illusion, but the connections between Kant's transcendental dialectic and the structure of Différence and Répétition go deeper than this. Whereas Kant's problem is that reason générâtes contradictions when it assumes that the unconditioned can be given to reason, Deleuze's problem is the impossibility of developing a concept of différence within représentation. Between thèse two problems, there are significant structural parallels - in particular, the attempt to think outside the dichotomy of the finite and the infinité, and the attempt to prevent the application of spatio-temporal predicates to the noumenon. The antinomy of représentation for Deleuze is the inability of représentation to think différence apart from as purely representational or as undifferenciated abyss. As we shall see, Deleuze gives an explanation of this antinomy in terms of the differential calculus, and the notion of the differential in particular. While thèse parallels exist between Kant and Deleuze's thought, there are also some important différences. Although the differential is not determined in relation to représentation, this does not mean that it lacks ail détermination. This opens up a possibility not available in Kant's philosophy, that is, a thinking beyond the limit of représentation. As we shall see, Kant closes off this possibility by giving reason a heuristic function which in effect reinstates représentation. Kant makes this move precisely because the lack of spatiotemporal déterminations of the noumenal means for Kant that the noumenal lacks déterminations altogether. (shrink)

There are, by now, many rival, sophisticated philosophical accounts of causation that qualify as ‘metaphysically reductive’. This is a good thing: these collective efforts have vastly improved our understanding of causation over the last 30 years or so. They also put us in an excellent position to reflect on some central methodological questions: What exactly is the point of offering a metaphysical reduction of causation? What philosophical scruples ought to guide the pursuit of such a reduction? Finally, how should answers (...) to these latter questions affect one’s assessment of the main contemporary approaches? That’s what we investigate in this essay. Section 1 lays out our presuppositions. Section 2 reviews a sample of philosophical accounts. Then comes the main event: Section 3 looks in detail at the foregoing methodological questions, closing with a reconsideration of our sample accounts, in light of what we’ve found. (shrink)

Both the USA and Europe limit access to care by undocumented immigrants. In the debate over what level of access to confer to IMs, there are various public policy rationales operating either explicitly, or below the surface, ranging from minimalist humanitarianism to full cosmopolitan equality, with several intermediate positions between these two poles. This article informs the international debate by providing a conceptual mapping of these underlying policy rationales. Each position is based on different lines of reasoning or bodies of (...) evidence, and each leads to somewhat different conclusions about the extent to which IMs should have access to different types of health care. It is unlikely that broad consensus will be achieved in this ongoing debate. However, by articulating the ethical, legal, pragmatic and conceptual reasons to support or oppose various positions, we hope to help determine where in the landscape of reasoned argument various positions lie, and how each position might be best supported or refuted. In particular, we see in this debate an illustration of Michael Walzer’s classic analysis of competing spheres of justice. Various positions depend to a considerable extent on whether their advocates approach this issue from the health policy sphere rather than the sphere of immigration policy, or whether they attempt to blend the two spheres. (shrink)