The Affordable Care Act has been touted as a long‐overdue remedy for what is perceived to be the chronic problem of large numbers of Americans living without adequate health insurance. While much of the discussion of the ACA has focused on its legality, it should also be assessed on the basis of its economic implications and its moral acceptability. On its face, the ACA appears to do well on both counts. Given that the uninsured often secure their health care from (...) expensive emergency room treatment (from which they cannot be excluded and whose cost is often borne by third parties), expanding insurance to cover them (and hence to give them access to less expensive treatments) appears to make economic sense. Similarly, it might appear that providing access to insurance for people who otherwise could not afford it, or who would be denied it as a result of having medical conditions that they are not responsible for, would be morally laudable. But these appearances deceive: The ACA is neither economically sound nor morally acceptable. To paraphrase Oscar Wilde, to fail on one of these criteria may be misfortune; to fail on both looks like carelessness. (shrink)

Care is a contradictory terrain, as seen in the persistence of both socioeconomic vulnerabilities and the wide range of compassionate discourses and practices in society, including in the education landscape. The pandemic has laid bare the fault lines embedded within healthcare systems, schools, and biopolitical frameworks, unveiling important challenges that permeate the institutional, emotional, and relational dimensions of care provision and reception. Engaging in interdisciplinary thinking spanning from Education, Philosophy, Environmental Humanities, Film Studies, Literary Studies, to Cultural Studies, the collection (...) in this special issue hopes to contribute to the burgeoning growth of global conversations about the need to critically reevaluate the challenges, opportunities, and ambiguities associated with ‘care and caring’ today. This introductory essay provides a framing of the essays in the collection, shedding light on the complexities and challenges associated with care in schools and universities, in mental health crises, and in film and literary representations. Each essay offers its own theoretical exploration of the multifaceted nature of care, the challenges it faces, and the potential for transformative interventions to re-articulate care through the notion of ‘becoming mattering’. (shrink)

The COVID-19 crisis illustrates the fragility of supply chains. Countries with excellent health systems struggled to ensure essential supplies of food, medicines, and personal protective equipment which were vital to a fast and effective response. Using geo-legality, which maps the constitutive relations between law and space, we argue that the failure of supply chains in many western countries during the crisis reveals a fundamental tension between their role as facilitators of care and caring, and the logistic logics by which they (...) operate. While supply chains link the intimate, domestic concerns of providing medical care with the globalised geographical concerns of moving goods across different jurisdictions at the right time, their contemporary organisation and regulation does not reflect the caring relations and public goods they are meant to support. Drawing on analysis of examples from Canada, the United Kingdom, and the United States, this article argues that a reconfiguration of supply chains in accordance with feminist approaches that place care at the centre of supply chain operation and organisation will be important to amendments of both domestic and global health law. (shrink)

Bernard Stiegler works systematically through the current crisis in education and family relations resulting from the mesmerizing power of marketing technologies. He contends that the greatest threat to social and cultural development is the destruction of young people's ability to pay critical attention to the world around them. This phenomenon, prevalent throughout the first world, is the calculated result of technical industries and their need to capture the attention of the young, making them into a target audience and reversing the (...) relationship between adults and children. _Taking Care_ exposes the carelessness of these industries and urges the reader to re-enter the "battle for intelligence" against the drive-oriented culture of short-term attention characteristic of the negative aspects of the new technologies. Long-term attention, Stiegler shows, produces retentions of cultural memory mandatory for social development—and for the counteracting of ADD and ADHD. Examining the history of education from Plato to the current quagmires in France and the United States, he tracks the notion of critical thinking from its Enlightenment apotheosis to its current eradication. Stiegler is unique in combining the most radical of theoretical constructs—such as "grammatization"—with quite traditional values, values he proposes we re-address in our not-so-brave new world. (shrink)

This paper offers a small slice of ‘autosociobiography’: autobiographical reflections which situate these impressions in a wider social context (Ernaux, Citation2022, Jaquet, Citation2023, Twellman & Lammers, Citation2023). These particular autosociobiographical reflections are about my experiences of university, and how they have offered both positive and sometimes more problematic forms of community. The first part of the article pursues this by considering the social contexts of my routes taken to university, narratives of social mobility, and the forces shaping higher education over (...) that timeframe in the UK, in that particular geographical and social conjuncture. The second part of the article shifts its attention to the present day and considers the forms of ‘carewashing’ pushed by the contemporary university in the increasingly uncaring, and difficult, UK context of marketized higher education. It ends by considering the ‘micro’ and ‘meso’ forms of community and care which are today often used to attempt to cope with and survive such contexts, as well as the ‘macro’ changes discussed throughout the article that are urgently needed to redress such ‘structural carelessness’. In the process, through these combined lenses, the article aims to consider relationships between care, community and ‘the university’. (shrink)

Many Filipina care workers are subrogated to the position of mothers in the more affluent states of Asia. As a consequence, they oftentimes play as the unofficial teachers of the children. In this article, I analyse the process of global subrogation, which often end in what I call an inverted odyssey of the Filipina domestic helper. Using the concept of invertedness in commodity fetishism, this article reads Jose Dalisay’s Soledad’s Sister as an inverted odyssey which views the migration of Filipina (...) care workers as an adventure but without the heroic homecoming. The novel represents the adventure as a dialectic of systems of carelessness and selfcare that is symbolically resolved within the narrative through the recurring image of the ‘woman in the box’. Thus, the article argues that unlike Odysseus’ triumphant nostos (homecoming), the heroine of this inverted odyssey falls victim to her own erotic drives, drowns in a far-flung kingdom, returns home in a box, and drowns again in the hands of thieves. The novel weaves a counter-narrative on the Filipina care worker that challenges prevailing Philippine state discourses on its overseas work force, thereby problematizing both the limitations of the heroine’s selfcare and the systemic carelessness of the states that make the subrogation possible. Ultimately, the inverted Odyssey as symbolized by the novel’s central image of ‘the woman in the box’ shatters appearances and unveils the tragic position of the unrecognized ‘teachers’ in the global feminization and commodification of care work. (shrink)

When Andromache emerges from the inner chamber in Book 22, ascends the walls of Troy and looks out over the plain, she beholds a spectacle of ruthless brutality. She who has not been aware of the final combat, nor of the slaying of her husband, is suddenly confronted by the receding trail of utter defeat. Swift horses drag her husband's corpse into the distance, the cherished head disfigured as it is dragged, raking the dust of what was once their homeland. (...) The violence of the scene is forcefully conveyed by one word in particular. The swift horses drag Hektor κηδστως —without κδος without care, ‘sans soucier de, brutalement’. In itself the word κηδστως provides a definition of violence, one captured in Shakespeare's phrase ‘careless force’. Violence is, in its harsh brutality, specifically heedlessness, an absence of any form of care. When Achilles hurls the slain suppliant Lykaon into the river he utters the taunt, ‘the fish, κηδες, will lick clean your wound's blood’ . The discarded corpse is denied funeral rites: in place of the care that the relations of the dead traditionally bestow in tending, washing, enshrouding, lamenting, and burying the dead, here the heedless creatures of nature, fleeting visitors, will attend to the corpse, ‘clean’ it, but utterly without care, completely oblivious to the oblivion they create by destroying. In Book 24 Achilles will describe the gods themselves as κηδες. (shrink)

왜 돌봄은 지속적으로 우리 사회의 쟁점이 되고 있는가? 돌봄의 부재와 무관심(carelessness)이 지배하는 곳에서 돌봄은 우리 사회를 돌봄 위기 상황으로 진행시키고 있다고 판단된다. 그렇다면 돌봄 위기 사회는 어떻게 해결될 수 있을까? 이러한 문제의식을 바탕으로 이 글은 돌봄 제공자와 돌봄 대상자의 상호관계성을 통한 실천적 행위로서의 돌봄철학을 제시하는데 목표를 두고 있다. 돌봄 활동에서 가장 중요한 주체는 인간이며, 인간의 삶이다.다시 말해서 인간과 삶, 돌봄에 이르는 철학적 관점과 방법으로 관계성을 강조하며 인간존재라는 토대 하에서 재해석 하려는 입장을 ‘돌봄 철학’(The philosophy of Care)으로 제시한다. 그 과정에서 (...) 돌봄 관계성이 어떻게. (shrink)

It is popularly believed that if A owes B a duty of care in negligence, A will not actually have a legal duty to be careful: A will merely be required to pay damages to B if she suffers loss as a result of A's being careless. We can call this the cynical view of duties of care and those who adopt it, cynics. However, it is possible to take a different view of duties of care in negligence, according (...) to which if A owes B a duty of care of some description, A will actually have a legal duty to be careful. We can call this the idealistic view of duties of care in negligence and those who adopt it, idealists. This article explains the importance of the debate between idealists and cynics over the nature of duties of care in negligence and goes on to argue that the cynical view of duties of care in negligence is, in fact, wrong and that the idealistic view of such duties should be preferred. (shrink)

Background: In recent years, operating theatre nurse students’ education focused on ethics, basic values and protecting and promoting the patients' dignity in perioperative practice. Health professionals are frequently confronted with ethical issues that can impact on patient’s care during surgery. Objective: The objective of this study was to present what operating theatre nursing students perceived and interpreted as undignified caring in perioperative practice. Research design: The study has a descriptive design with a hermeneutic approach. Data were collected using Flanagan’s critical (...) incident technique. Participants and research context: Operating theatre nurse students from Sweden and Norway participated and collected data in 2011, after education in ethics and dignity. Data consisting of 47 written stories and the text were analysed with hermeneutical text interpretation. Ethical considerations: The study was approved by the Karlstad University's Research Ethics Committee. Findings: The findings show careless behaviour and humiliating actions among health professionals. Health professionals commit careless acts by rendering the patient invisible, ignoring the patient’s worry and pain and treating the patient as an object. They also humiliate the patient when speaking in negative terms about the patient’s body, and certain health professionals blame the patients for the situation they are in. Health professionals lack the willingness and courage to protect the patient’s dignity in perioperative practice. Discussion: In the discussion, we have illuminated how professional ethics may be threatened by more pragmatic and utilitarian arguments contained in regulations and transplant act. Conclusion: The findings reveal that patients were exposed to unnecessary suffering; furthermore, the operating theatre nurse students suffered an inner ethical conflict due to the undignified caring situations they had witnessed. (shrink)

Conventional management strategies for anti-corporate anger involve its negative construal as an inappropriate irrationality in need of containment. An alternative account is offered in which such anger comprises a healthy and health-sustaining component of care-based moral agency directed not only toward the affiliative advancement of connection among community members, but also toward the (political) resistance to violation, injustice, and carelessness through which disconnection from responsive community relationships occurs. The role of anger in care-based moral agency is demonstrated through discussion (...) of the classic case of environmental and human health crisis at Love Canal, New York. (shrink)

John McKnight's The Careless Society tellingly exposes the ways the professionalized welfare state creates dependency. But McKnight is too quick to condemn this result as the product of professional self‐interest, and to posit as the alternative a selfless, republican model of community. He overlooks the more realistic possibility that the pursuit of their interests by social groups empowered to take care of themselves would better serve those interests, and would simultaneously create a feeling of interdependence and civic responsibility.

BackgroundRespect for confidentiality is important to safeguard the well-being of patients and ensure the confidence of society in the doctor-patient relationship. The aim of our study is to examine real situations in which there has been a breach of confidentiality, by means of direct observation in clinical practice.MethodsBy means of direct observation, our study examines real situations in which there has been a breach of confidentiality in a tertiary hospital. To observe and collect data on these situations, we recruited students (...) enrolled in the Medical Degree Program at the University of Cordoba. The observers recorded their entries on standardized templates during clinical internships in different departments: Internal Medicine; Gynecology and Obstetrics; Pediatrics; Emergency Medicine; General and Digestive Surgery; Maxillofacial Surgery; Plastic Surgery; Orthopedics and Traumatology; Digestive; Dermatology; Rheumatology; Mental Health; Nephrology; Pneumology; Neurology; and Ophthalmology.ResultsFollowing 7138 days and 33157 h of observation, we found an estimated Frequency Index of one breach per 62.5 h. As regards the typology of the observed breaches, the most frequent were related to the consultation and/or disclosure of clinical and/or personal data to medical personnel not involved in the patient’s clinical care, as well as people external to the hospital. As regards their severity, severe breaches were the most frequent, accounting for 46.7 % of all incidents. Most of the reported incidents were observed in public areas, such as corridors, elevators, the cafeteria, stairs, and locker rooms.ConclusionsIn addition to aspects related to hospital organization or infrastructure, we have shown that all healthcare personnel are involved in confidentiality breaches, especially physicians. While most are committed unintentionally, a non-negligible number are severe, repeated breaches, thus suggesting a certain carelessness, perhaps through ignorance about certain behaviors that can jeopardize patient confidentiality. (shrink)

In this book Nicholas Wolterstorff, a well-known proponent of “Reformed epistemology,” sets out to investigate the modern origins of the evidentialist and foundationalist tradition that he opposes. He locates these origins in book 4 of Locke’s Essay Concerning Human Understanding. Wolterstorff tells us that he had to overcome strong prejudices in writing the book, for “in the philosophical world I inhabit, Locke has the reputation of being boringly chatty and philosophically careless”. He suggests that the earlier parts of the Essay (...) deserve that reputation, but says that while reading book 4 he felt himself to be “present at the making of the modern mind”. To Wolterstorff’s credit, he seems to have vanquished some of his prejudices, for this book offers careful and charitable readings of many important strands in Locke’s epistemology. (shrink)

Socrates’ last words, as reported by Plato in the Phaedo, are as disquieting as touching: “Crito, we owe a rooster to Asclepius. Do pay it. Don’t forget”. In opposition to the canonical nietzschean interpretation according to which the Athenian philosopher suffered life as an illness and for that reason required to testify his gratitude to the god master of healing, Michel Foucault understands the last Socratic saying as an exhortation not to forget or neglect ourselves, to take care of one’s (...) own life, discovering who we are and how we could better ourselves. The warning on the risks of forgetting the self constitutes the pendulum of Socrates’ death from the beginning of the Apology and the Crito, to the end of the Phaedo, summarizing his attitude towards life and philosophy. His teaching: “take care of yourselves”, we must not pass out of sight, backing away from the danger of carelessness, and thanking the god of healing, who encourages selfcare, both with ourselves and with others. (shrink)

Today a failure of the physical sciences accompanies a failure of the social sciences; and the failure of both consists in part in this: in the lack of a fully-developed and implemented sense of social responsibility. Both have denied guilt for their shortcomings in this respect: advancing rationalizations to the effect that social reform is not the task of science; that objectivity suffers if such motivations are allowed to become involved; and that science makes its most valuable contributions to social (...) welfare rather by maintaining a strict laboratory manner of impartiality. Implied often, as well, is the conclusion that not science itself but the misuse of science; not the patience and care of science itself but the impatience and carelessness of non-scientists is responsible for the miscarriage of its contributions. (shrink)

A good pragmatist's constitutional theory is inseparable from the legal disputes out of which it arises. John Paul Stevens's theory, that of deciding individual cases well instead of applying constitutional principles in the abstract to cases by category, thus lends itself to being studied in its natural, factual habitat—in his own words, case by case. That's what this book does. In Chapter 1 Sickels distills Stevens's thoughts about law and appellate judging from his early writings and his opinions on the (...) federal appeals court and, from 1975 to the present, on the U.S. Supreme Court. Stevens shows a concern for facts and consequences, for balancing, for deference to other decision makers unless they have been careless, for avoidance of undue complexity in judge-made law, and for drawing the line between clarity and oversimplification in legal rules. The next three chapters describe the application of Stevens's pragmatism to areas of constitutional law to which the Court and he especially have devoted most attention in recent years: First Amendment guarantees of freedom of expression and religion, the procedural guarantees of the Bill of Rights and the Fourteenth Amendment, and the equal protection of the laws. In each area, Stevens's special contributions are described. The concluding chapter places Stevens's judging in the contexts of the ongoing debate about the legitimacy of balancing, the ways of other moderates on the Court, and the voting records of the other members of the Court as a whole. Unique to this work is a meaningful introduction to the term moderate when applied to a Supreme Court justice, a definition based on careful analysis of the interplay of general rules and specific, case-by-case context. As such it is the very essence of Stevens's own way of judging and thus enables analysis of the work of a pragmatist on his own terms rather than through the distortions of a conflicting theory of law. John Paul Stevens is recognized as a jurist of unusual ability and one adheres to no ideological camp. While it is one thing to know he is neither rigid liberal nor a conservative, this book goes beyond the "neither nor" to accomplish the more difficult goal of defining what he is. This study is intended for scholars and students of the Supreme Court, the Constitution, the courts, and the American political process. Lawyers working before the Supreme Court, informed generalists, and courtwatchers generally, whether liberal, conservative, or neutral, will find much of interest here. (shrink)

Perspective, Symbol, and Symbolic Form: Concerning the Relationship between Cassirer and Panofsky During the last two decades of the twentieth century, there was a sudden surge of interest in Ernst Cassirer’s major work, The Philosophy of Symbolic Forms (1923–29), and Erwin Panofsky’s essay, ‘Perspective as Symbolic Form’ (1927), an interest that has continued uninterrupted to the present day. Particularly amongst art historians, however, a serious misunderstanding remains evident here – the confusing of ‘symbolic form’ with ‘symbol’. Cultural and perceptual mediations, (...) in which objects (and subjects) are only just in the process of forming, are carelessly turned into arbitrary, isolated objects of art history or pictorial history. Every work, in this view, is regarded as a ‘symbolic form’ to the extent that a representation of the world is ‘expressed’ in it. This article initially reviews Panofsky’s essay in order to establish the context in which the art historian uses the term ‘symbolic form’. His use of it is then compared with Cassirer’s original understanding of the term. A careful distinction is made between ‘symbol’, ‘symbolic pregnance’, and ‘symbolic form’, and this is followed by an analysis of scattered remarks in Cassirer’s writings, and particularly in his posthumous manuscripts and notes, on ‘art’ as symbolic form and on the spatial form that is prior to all perception and art production, as well as his call for a kind of art history that conceives of itself as a scholarly discipline. The article concludes with the recognition that Panofsky not only deliberately, but justifiably – that is, in the spirit of Cassirer, at least – transferred the expression ‘symbolic form’ to ‘perspective’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:More Evidence that Hume Wrote the Abstract David Fate Norton In the preceding paper, David Raynor has offered several reasons for discounting J. O. Nelson's unfounded claim that Adam Smith was the author ofAn Abstract of..."A Treatise ofHuman Nature." Prior to the discovery ofa copy ofthis work, it may have been plausible to suppose that the Abstract was written by someone other than Hume, but the internal evidence ofthe (...) pamphlet is so strongly in favour of Humean authorship that not even Nelson can bring himself to question this evidence—although he now chooses to ignore it. Given that Nelson's argument rests on the far from compelling assumption that in 1740 there were two and onlytwoMr. Smith's ofwhom Humehadknowledge and whomayhave had an interest in writingor publishing philosophy, it is especially useful to have William Smith, publisher of the Bibliothèque raisonnée, brought again to our attention, and especially since it is obvious that a copy of the Abstract had been sent to that journal prior to the pubUcation ofthe review ofthe Treatise published there in the spring of1740.1 In short, Raynor nicely shows why Keynes and Sraffa were wrong to suppose that Hume, Hutcheson and John Noon were all involved in a conspiracy to undercut Noon's interest by publishing an Irish edition ofthe Treatise2 and why Nelson is wrong to suppose that ifthe "Mr Smith" ofHume's letter is not John Smith of Dublin, then he can only be Adam Smith, and that thelatter musthave written the Abstract. I wish to consider further evidence, some of it circumstantial, relevant to this discussion. This evidence adds probability, I submit, to the conclusion that Hume wrote the Abstract. 1. In the autumn of1737 Hume told Henry Home that he could not give him a "general Notion ofthe Plan" or "Abridgement" ofwhat was to be the Treatise. A careless reading ofthe Abstract might lead one to suppose that this is evidence that Hume did not write this short work. But in fact the Abstract is not an abridgement. It is an effort to make clearer, by carefully tracing "one simple argument... from the beginning to the end," a work thathad been "complained of as obscure and difficult." 3 The available evidence confirms one in the belief that Hume could not abridge the Treatise, but on several occasions he did recast parts ofit in more accessible form. The first such recasting was theAbstract. That this briefworkis not merely an abridgement makes Volume XIX Number 1 217 DAVID FATE NORTON itless likely, I suggest, thatit was written by anyone other than Hume himself.4 2.The Abstract, although said to be "Printed for C. [C]orbet,B at Addison's Head, over-against St. Dunstan's Church, in Fleet-street," wasinfactprintedbyWilUam Strahan, fornone otherthanJohnNoon, the publisher of the Treatise.6 This we know from Strahan's ledgers. These are preservedin the British Library.7Moreover, onApril 19 and 20, 1739, Corbett placed the following advertisement in the London Daily Post and GeneralAdvertiser: Gentlemen, As I have very lately undertaken the Business ofa PubUsher, so will I as faithfully execute it, if at any time you please to employ, Your most Obedient, Humble Servant, Charles Corbett, Who will Inviolably keep secret all Names of Authors, Proprietors, &c. whatever. The fact that Corbett indicates his willingness to undertake clandestine, vanity publishing gives all the explanation one needs of his willingness to become front man for a puffproduced by Hume, and financed, as the Abstract was, by Hume's publisher.8 The fact that it was Noon who arranged for the London printing of the Abstract in no way proves that this work was written by Hume, but it is another bit ofevidence supportive ofthatconclusion,foritindicates thatNoon was in on the effort to publicize the poorly selling volumes ofthe Treatise that he had published.9 3.Robert Connon found a copy of volume three of the Treatise containing extensive manuscript amendments in Hume's hand. As he has also reported, a copy of the Abstract is bound together with this copy ofvolume three, and this copy ofthe Abstract is also amended by Hume. These amendments appear to be those of an author, not... (shrink)

As a consequence of the collapse of a building in Barcelona, in December 1990, it was discovered that a large number of dwellings, mainly in Barcelona but also in other towns of Catalonia, were affected by a structural defect known as aluminosis, consisting of a deterioration of the reinforced concrete manufactured using aluminous cement, which considerably reduced its strength and that of the steel embedded in the concrete. This brought to light a series of economic, social, political and also moral (...) problems, such as the use of the aluminous cement itself — a quality product but which requires careful handling —, the lack of regulation concerning the product and its use in construction, the poor state of repair of the buildings affected, the careless manner in which they had been built, the lag in technical knowledge, the financial situation of the people affected by the aluminosis, etc.This document provides a full account of the events and their historical, technical, economic and legal background, paying particular attention to the ethical problems created by the situation. (shrink)

Virgil's list of the qualities that are desirable in a brood cow corresponds closely to those in Varro'sDe re rusticaand in the texts which, though later, can be plausibly taken as evidence of an existing tradition. Yet, there is one exception, and it is an exception to which the poet carefully draws attention. Varro's, Columella's and Palladius’ ideal cows all share with Virgil's and with each other hairy ears, very long dewlaps and tail, and other features. However, whereas they all (...) have narrow hooves (ungulis breuibus,Palladius), moderate at most (ungulis modicis, Columella), and certainly not broad (pedibus non latis, Varro), Virgil's cow emphatically has big feet (Verg.G.3.51–9):optima toruaeforma bouis cui turpe caput, cui plurima ceruix,et crurum tenus a mento palearia pendent;tum longo nullus lateri modus: omnia magna,pes etiam, et camuris hirtae sub cornibus aures. 55nec mihi displiceat maculis insignis et albo,aut iuga detrectans interdumque aspera cornuet faciem tauro propior, quaeque ardua totaet gradiens ima uerrit uestigia cauda.The best shapefor a fierce cow is one which has an ugly head, which has a lot of neckand whose dewlaps hang from her chin all the way down to her legs;then let there be no limit to the length of her flank: let everything be big,even the foot, and hairy ears under in-curving horns,and I would approve of her being marked with white spots,either refusing the yoke or sometimes fierce with her hornand in appearance closer to a bull, and who is lofty in every respectand when walking sweeps her tracks with the tip of her tail.Few readers who have sampled the density of Virgil's intertextuality, thecurawith which he selects individual words, or the polyphonic meanings at play in every line of theGeorgicswould be tempted to ascribe any such divergence from the technical tradition to carelessness or indifference. However, even if any were inclined to do so elsewhere, the enjambed phrasepes etiamdraws emphatic attention to this dissent: ‘you may, from your familiarity with the tradition, expect the feet to be an exception, but no, they too should be large’. The reader is thus positively invited to look for an explanation. (shrink)

spirit of Quiescence, the spirit of Unrest; the spirit of Immobility, the spirit of Change; the spirit of Hold-fast-to-that-which-you-have, the spirit of Let-go-and-fly-to-that-which-youhave-not; the spirit of the slow and steady builder, careful of its labors, loath to part with any of its achievements, wishful to keep, and unable to discriminate between what is worth keeping and what is better cast aside, and the spirit of the inspirational destroyer, fertile in creative fancies, volatile, careless in its luxuriance of effort, inclined (...) to cast away the good together with the bad. (shrink)

Graham Bird’s ‘A Comment on Timothy Sprigge’s Account of William James’, in the last issue of Bradley Studies might have better been called ‘A Comment on Timothy Sprigge’s Account of Graham Bird on William James’ True, that would identify its topic as a somewhat limited one as, if the index is correct, there are just nine sentences on this topic in my book James and Bradley: American Truth and British Reality. But it appears to be the matter which has mainly (...) fired Bird’s article. Bird believes that I have read his own book, William James, carelessly and misrepresent what he said, claiming to illustrate this with copious quotations from his own book. He dismisses ‘the unworthy thought that one who treats my [Bird’s] text so carelessly might not be a very reliable guide to James’s’. My own view is that ‘unworthy thoughts’ are better not expressed and I shall keep quiet about any of mine which might be deemed such. I don’t think that I read either Bird or James himself carelessly. If I was at all misleading, by failing to emphasise that Bird’s position was that James was attempting to unite the cognitive and the affective, I apologize; the offending remark was my response to his presupposing throughout his commentary the prima facie relevance of this distinction to the interpretation of James’s pragmatism. As for my not having read James carefully, his work has been my favourite philosophical reading for more than forty years, and I have puzzled endlessly over parts of it which I found problematic. I read Bird’s book thoroughly when I reviewed it, and my copy of it is covered in detailed pencil comments. (shrink)

Graham Bird’s ‘A Comment on Timothy Sprigge’s Account of William James’, in the last issue of Bradley Studies might have better been called ‘A Comment on Timothy Sprigge’s Account of Graham Bird on William James’ True, that would identify its topic as a somewhat limited one as, if the index is correct, there are just nine sentences on this topic in my book James and Bradley: American Truth and British Reality. But it appears to be the matter which has mainly (...) fired Bird’s article. Bird believes that I have read his own book, William James, carelessly and misrepresent what he said, claiming to illustrate this with copious quotations from his own book. He dismisses ‘the unworthy thought that one who treats my [Bird’s] text so carelessly might not be a very reliable guide to James’s’. My own view is that ‘unworthy thoughts’ are better not expressed and I shall keep quiet about any of mine which might be deemed such. I don’t think that I read either Bird or James himself carelessly. If I was at all misleading, by failing to emphasise that Bird’s position was that James was attempting to unite the cognitive and the affective, I apologize; the offending remark was my response to his presupposing throughout his commentary the prima facie relevance of this distinction to the interpretation of James’s pragmatism. As for my not having read James carefully, his work has been my favourite philosophical reading for more than forty years, and I have puzzled endlessly over parts of it which I found problematic. I read Bird’s book thoroughly when I reviewed it, and my copy of it is covered in detailed pencil comments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Horatius: The Man and the HourKenneth J. ReckfordTrimalchio’s projected monumentum in Petronius’ Satyricon will include, among other ill-assorted designs, a sundial: horologium in medio, ut quisquis horas inspiciet, velit nolit, nomen meum legat (71). Horace too, I argue, connects his name with the passing hours: more subtly and modestly than Trimalchio, but also more significantly, in a recurrent play of sounds and words.That Roman poets and orators exploited puns (...) on names, especially cognomina, is well known; but although scholars have noted scattered name-puns in Horace’s poetry (some of which will be mentioned here), the important play on Horatius/hora has been ignored, and any argument seeking to restore it to general consciousness must rely on probabilities: somewhat subjective ones, to be sure, yet which carry a certain cumulative conviction. I begin by discussing Satires 2.6, where Horace is most clearly involved in the horae, and then proceed through a wide range of hora references, most notably in Odes 4.6. A code on Vergilius/ver will provide a friendly parallel. I hope in all this to suggest that Horace plays on his own redende Name not just for occasional fun, but as a way of asserting, and sometimes exploring, his personal identity beneath the shifting personae of his life and craft.Hora Quota Est? (Satires 2.6.44)The question hora quota est? is given as an example of small talk, safely “entrusted” to Horace’s “leaky ear”:septimus octavo propior iam fugerit annus ex quo Maecenas me coepit habere suorum in numero, dumtaxat ad hoc, quem tollere raeda vellet iter faciens et cui concredere nugas hoc genus, “hora quota est? Thraex est Gallina Syro par? matutina parum cautos iam frigora mordent”: et quae rimosa bene deponuntur in aure. per totum hoc tempus subiectior in diem et horam invidiae noster....(40–48) [End Page 583]As if he were giving a public interview, Horace carefully and humorously delimits his relationship with Maecenas. He is an occasional, amusing companion, not a privileged insider. In Satires 1.6 he had distinguished his personal and social acceptance within Maecenas’ circle, where true merit is honored, from those political ambitions from which—in the blind, prejudiced world of Roman politics—a freedman’s son must normally be barred. In Satires 2.6 he goes further. He is not (he alleges) really intimate with Maecenas, certainly not to the point of sharing inside information about, e.g., the Dacian threat or plans to resettle veterans in Southern Italy or Sicily. He is nothing like the confidential friend described by Ennius, “with whom he [the great man] often and gladly shares his table, his conversation, and the giving and taking of advice about his affairs” (rerumque suarum consilium) and “to whom he would speak out confidently” (audacter) about great things or small, good things or bad, all “vomited forth” carelessly, yet “safely deposited” (evomeret... tutoque locaret), and “with whom [he would share] many pleasures.” 1We may suspect that Horace played the role of just such a confidential friend to Maecenas, and played it well. 2 We may also suspect that while he regaled that first audience of insiders with the comic narrative of his daily frustrations in Rome, he was also reassuring Maecenas—to everyone’s amusement, as with the earlier “Journey to Brundisium”—that he did not have, precisely, a leaky ear. One resulting and more than simply dramatic irony is that today’s reader must identify with those importunate street people who were teased, baffled, and insulted by Horace’s silence. I want, however, to argue here for a second irony involving the offhand question hora quota est? which may mean a good deal more to Horace, Maecenas, and ourselves than first appears [End Page 584] on the surface—much as Falstaff’s opening question to the Prince, “Now, Hal, what time of day is it, lad?” proves fatally relevant to the affairs of Hal and Hotspur, Falstaff and the King, in Henry IV, Part 1. 3“What time is it?” The Romans did not wear watches. Their sense of time, even with sundials, was very inexact by modern standards. Because they had hours (roughly... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:156 BOOK REVIEWS of theological method in Aquinas (p. 193; see also pp. 57 and 173). But this is not sufficient. Farthing should have acknowledged that Biel's recurrent critique of the supposed ' positive ' use of reason in Aquinas is beside the point and that, by thinking that Thomas is trying to ' demonstrate ' the faith, Biel has carelessly dismissed much that is interesting and valuable in (...) Aquinas. By bringing Biel's error to the fore, Farthing would have made clear to the reader that in this crucial respect, the dialogue between these two thinkers has completely broken down. University of Notre Dame Notre Dame, Indiana JOSEPH WAWRYKOW The Reshaping of Catholicism: Current Challenges in the Theology of Church. By AVERY DULLES. San Francisco: Harper & Row, 1988. Pp. 276. $19.95 (doth). Each of Dulles's twelve articles commends itself no less as a chapter in this collection than when it first appeared separately between 1984 and the end of 1987. In ensemble, " they give," Dulles remarks in his Preface, " a fair sampling of the issues the Catholic Church has had to face in the two decades since the Council." Whatever the leading Catholic ecclesiologist in America has to say about specific problems in Church renewal deserves careful attention. A positive general evaluation of the book is all hut a foregone conclusion. Still, a review can perform that opening survey of contents that will lend precision to a reader's anticipation of what the author has singled out as the current challenges. Four chapters take up the task of interpreting the texts of Vatican II, not as a species of source-criticism but in light of post-conciliar difficulties. Chapters 2 ("The Basic Teaching of Vatican II "), 5 ("Vatican II and the Recovery of Tradition"), and 8 ("Vatican II and the Purpose of the Church") emerge from a situation of divided opinion. They also apply the Council's teaching as a solution. Chapter 7 ("The Church and Communications") likewise engages conciliar texts, along a more speculative line. Chapter 1 ("American Impressions of the Council") joins with 2 in opening the book at a somewhat more popular level. The other chapters employ conciliar teaching to formulate theological answers to some important questions. These are questions which trouble not only the hierarchy and the theologians but also ordinary BOOK REVIEWS 157 members of the Church, as they come to terms with the Church's renewed self-understanding. Chapter 3 (" The Emerging World Church and the Pluralism of Cultures") picks up where Karl Rahner's wellknown address at the Weston School of Theology in 1979 left off. Dulles accepts Rahner's argument that Vatican II achieved the first official self-actualization of Catholicism as a world church. Taking the resulting problem of inculturation as the current phase in the relation between Christianity and culture, Dulles specifies the relation between two cultures as "cultural reciprocity." He leaves behind the simple, familiar contrast between classicism and a non-normative concept of culture. His ecumenical research enters into Chapter 4 ("The Meaning of Catholicism: Adventures of an Idea "), which places Vatican II in the context of two centuries of Protestant-Catholic discussion on the essence or basic idea of Catholicism. Intra-Catholic pluralism turning into opposition underlies most of the hook, hut Chapters 5 and 6 ("Authority and Conscience: Two Needed Voices") treat two such polarizations thematically. In 5 Dulles finds Dei Verbum open to an understanding of tradition as the handing on from generation to generation of the " tacit knowledge " whose content is the lived awareness of the God of Jesus Christ. Chapter 6 does not admit a second, alternative magisterium, hut it does situate hier· archical teaching amid the several sources of authority accepted by Catholicism-Scripture, tradition, the whole People of God, and theologians along with the hierarchy. And, in the formation of personal judgments and decisions, conscience has its own authority. A theology of communication follows from each of five models of the Church. Chapter 7 shows how this, in turn, implies a distinct approach to evangelization, use of mass media, and episcopal and papal teaching. Chapters 8 and 9 {"The Church, Society, and Politics") discuss the tensions inherent in the Church's mission... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 28.2 (2004) 324-341 [Access article in PDF] Charles Lamb: Professor of Indifference Tim Milnes University of Edinburgh Nothing puzzles me more than time and space, and yet nothing puzzles me less, for I never think about them.1 I The name of Charles Lamb—essayist, poet, and notorious punster—does not loom large in studies of the philosophy of the English Romantics. The reasons for this initially unsurprising fact (...) range from the personal and obvious to the cultural and curious. Tied for most of his adult life to a clerk's desk at the East India Company, and to the care of his mentally ill sister at home, Lamb was rarely permitted the leisure even to dally in the expansive visionary landscapes explored in the epic works of consciousness of his friends Samuel Taylor Coleridge, William Wordsworth and Robert Southey. And yet, as the 1810 quip to Manning recorded above suggests, his reluctance to engage with philosophy is not merely attributable to the straitened life of the journeyman scribe. Such a remark is quite typical of Lamb's conscious attempt, in the face of a culture increasingly driven by the dissemination of knowledge, to cultivate an imaginative space the reverse of the knowing or "philosophical." It is this attitude that makes him more, not less, interesting alike for the intellectual historian and the philosopher.Lamb's avowed carelessness about matters philosophical is as familiar to his readers as the persona of "Elia" adopted for the essays he wrote for the London Magazine in the early 1820s. It is also just as beguiling and intriguing. Lamb's resistance to philosophy and his epistemic insouciance both trade on the suggestion that the desirable mind is the [End Page 324] ironic mind, reflecting—or, perhaps, refracting—a transitional and forever "imperfect" subjectivity. Correspondingly, his essays frequently invoke figures of liminality, of being in two or more states at once: whether between dreams and consciousness in "Witches, and other Night Fears" (1821); past and present in "Distant Correspondents" (1822); truth and lies in "Imperfect Sympathies" (1821); or literal and figurative selves in the imponderable relationship between "Lamb" of "On Christ's Hospital" (1813) and "Elia" of "Christ's Hospital Five and Thirty Years Ago" (1820).2 Moreover, this self-styled figure of the writer as always between alternate and often contrary conditions, beliefs and identities—what Lamb termed his "bi-parted nature"—has itself become a stock descriptor among Lamb's commentators.3 It is not difficult, for example, to detect its presence in Coleridge's portrayal of his friend as "one hovering between earth and heaven,"4 as well as De Quincey's depiction of a sleeping Lamb as "the image of repose midway between life and death, like the repose of a sculpture."5 More recently, it has shaped Jane Aaron's exploration of his proclaimed "double singleness"6 and Seamus Perry's characterisation of his "borderland," "serious-non-seriousness."7Understandably, critics of a certain bent have sought to link these features of Lamb's work, arguing that the centrifugal properties of his writing display an aversion to categorical "difference" that is directly related to his suspicion of the dualisms of systematic belief-systems. Gerald Monsman, for example, argues that insofar as Lamb's essays undermine "all transcendental reconciliations or definitive closures," they "appear to be sly critiques of the central dogmas of romanticism."8 However, to class Lamb's writing as radically decentred or self-deconstructing is to miss the profound nostalgia it evinces at critical moments for a neutral ground and a sense of belonging. Lamb's indifference to knowledge, and to philosophy as the pursuit of certain knowledge, is constantly challenged by his fear of imaginative dissolution. Correspondingly, Lamb/Elia's indifferent location between the real and the fictive never quite manages completely to repress the desire for truth. And yet, "indifference," quite apart from being a term that both fascinated and repelled Lamb himself, aptly characterises both his attitude to philosophy and knowledge on one hand, and the liminal properties of his prose on the other. Freud provides a... (shrink)

The aim of this study was to understand how mothers experienced midwives' uncaring behaviour and actions during birth. Sixty-seven first-time mothers took part in the study, in which data were collected through interview. The interview text was analysed using hermeneutic text analysis. Nearly half of the mothers interviewed (n = 32) said that midwives did not care for them. The findings show that midwives' behaviour was humiliating when they ignored mothers and held them in contempt. The mothers felt further humiliated (...) when the midwives did not believe them, treated their bodies in a careless manner and tended to put blame on them. Through their behaviour and actions, some midwives have shown that they no longer have a caring attitude as an element of their professional practice and that they have ignored ethics by offending mothers' sense of dignity. (shrink)

In this paper, I argue that scholars who reproduce photographs of Black people for subversive purposes should pursue alternative modes of re-exhibition other than carelessly reproducing said photographs as is. Christina Sharpe’s care-based method of wake work, performed within In the Wake: On Blackness and Being (2016), is one such form of ethical exhibitorship. Care, in this text, is the pursuit of the full context of the afterlives of slavery against oppressive narratives about Black people and their lived experience to (...) reach a clearer level of understanding and engagement with people experiencing anti-Blackness. In section one, I will analyze Mariana Ortega and Saidiya Hartman’s engagements with photographic representation. In section two, I will explicate Sharpe’s account of the wake and wake work, emphasizing the role of care. In section three, I will explore the limitations of wake work, mainly the tension between wake-filled reproductions and careful discretion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Standing UpEmily QuinnA 10–year old and her mother walk into a male gynecologist’s office. That sounds like the beginning of a sick joke, right? Imagine how it must have felt to actually be that 10–year–old. I walked into the Salt Lake City ob–gyn office, terrified out of my mind. It was the year 1999 and due to the recent accessibility of the Internet, there was a surprising amount of (...) information about complete androgen insensitivity syndrome (CAIS) available. There was also an active and prominent support group for women with CAIS and other similar conditions. Despite all of this, I was standing in the office of a doctor who knew nothing about my body. He did not direct me to any actual support, and for the next twelve years I went from doctor to doctor, none of them really knowing what to do with me. For as much as I was in and out of the doctor’s office, I never seemed to receive any “care.”It was really difficult to have doctors who knew nothing about my condition. It was scary to be a kid with hundreds of questions but without an adult who had the answers. So many doctors were excited to look at me, to talk to me, to get the chance to meet me. As a child it made me feel like a freak. I felt alone, and scared, like I was on parade for all of these people who didn’t know anything about me except that I was “special.”I was savvy enough to turn to the Internet for help, but searching for “sex disorders” online was a terrifying thing to do back then. Even now, it’s not a safe space for a pre–teen looking for answers. I was so scared and ashamed of my body, and I desperately wanted someone to talk to about it. I found articles about celebrities who were rumored to be like me, and I saw the word “hermaphrodite” thrown around as carelessly as it had been used in my doctor’s office. I wished desperately that one of those celebrities would admit to having a body like mine. Because if any of them were like me, maybe I wouldn’t be the freak that the adults made me feel like I was. Maybe then I wouldn’t be so alone.As hard as all of this was, in a way my doctor’s lack of knowledge turned out to be both a blessing and a curse. I felt cursed and ashamed of this different, “broken” body that couldn’t be “fixed.” I felt like a problem that nobody had the solution to. I was told so many lies—that I would definitely get cancer, that I could never have sex, that I needed surgery immediately. Not once was I ever told the truth—that there were hundreds of others out there I could talk to, that I didn’t do anything wrong, that I was going to be okay. My doctors didn’t point me in the direction of a support group or a therapist who could help me work through what it all meant. In Utah, the most important thing a woman can do is to have children, and it was devastating to learn I would not to be able to conceive. I wish any of my doctors had pointed me in the direction of a professional I could talk to about it.It wasn’t until I was older that I discovered the blessing amongst all of this pain. As it turns out, my doctors were so entirely ignorant about my condition that they didn’t know how to remove or even find my internal testes. I’ve managed to make it 25 years without surgery. Now, when I speak to medical students, many of them balk at this idea that surgery is something I’ve “escaped.” But I know how many affected individuals see it as I do. It’s incredibly lucky that somebody with CAIS is surgically untouched, and I fully believe that rarity to be the saddest thing. It shouldn’t be the norm to... (shrink)

Background: Nursing is an occupation that deals with humans and relies upon human relationships. Nursing care, which is an important component of these relationships, involves protection, forbearance, attention, and worry. Objectives: The aim of this study is to evaluate the ethical beliefs of psychiatric nurses and ethical problems encountered. Research Design: The study design was descriptive and cross-sectional. Research context: Methods comprised of a questionnaire administered to psychiatric nurses (n = 202) from five psychiatric hospitals in Istanbul, Turkey, instruction in (...) psychiatric nursing ethics, discussion of reported ethical problems by nursing focus groups, and analysis of questionnaires and reports by academicians with clinical experience. Participants: Participants consist of the nurses who volunteered to take part in the study from the five psychiatric hospitals (n = 202), which were selected with cluster sampling method. Ethical considerations: Written informed consent of each participant was taken prior to the study. Findings: The results indicated that nurses needed additional education in psychiatric ethics. Insufficient personnel, excessive workload, working conditions, lack of supervision, and in-service training were identified as leading to unethical behaviors. Ethical code or nursing care -related problems included (a) neglect, (b) rude/careless behavior, (c) disrespect of patient rights and human dignity, (d) bystander apathy, (e) lack of proper communication, (f) stigmatization, (g) authoritarian attitude/intimidation, (h) physical interventions during restraint, (i) manipulation by reactive emotions, (j) not asking for permission, (k) disrespect of privacy, (l) dishonesty or lack of clarity, (m) exposure to unhealthy physical conditions, and (n) violation of confidence. Discussion: The results indicate that ethical codes of nursing in psychiatric inpatient units are inadequate and standards of care are poor. Conclusion: In order to address those issues, large-scale research needs to be conducted in psychiatric nursing with a focus on case studies and criteria for evaluation of service, and competency and responsibility needs to be established in psychiatric nursing education and practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Environmental Atrocities and Non-Sentient LifeClaudia Card (bio)Environmental Atrocities and Non-Sentient Life1. To Whom (or to What) Can Evils Be Done?Mention of environmental atrocities calls to mind such catastrophes as major oil spills, which ruin the fishing (not to mention the fish) for extended periods. Such carelessness is not simply a disaster to human projects. It destroys or endangers species and ecosystems as well as individual organisms, plant and (...) animal. It pollutes waters that normally sustain life and interferes with the healthy development of new biotic communities. Not all environmental catastrophes result from of failures of attention. Massive deforestation with agent orange by U.S. armed forces during the war in Viet Nam was no accident.If culpably produced, such catastrophes are moral atrocities—major evils—at least to humans and other animals who suffer horribly or die miserable deaths. Intuitively, I lean toward the even stronger judgment that such culpable omissions and deeds are atrocities also in the sense of evils to a great many kinds of life, including non-sentient nature—plants, [End Page 23] species, biotic communities, and ecosystems. But can that intuition be sustained philosophically?To do so may require showing not only that non-sentient lives suffer but also that they create moral constraints. Some argue, using Kenneth Goodpaster's concept "moral considerability" (what a being has if it should receive direct moral consideration), that even non-sentient beings can constrain us morally in virtue of their having interests that give rise to rights or define a good, a wellbeing, that can be harmed.1 "Interests" here cannot refer, of course, to what the organism cares about. They refer, rather, to what it needs in order to survive, do well, even flourish; what is in the organism's interests is what contributes to its good or wellbeing.Yet thinking about evil has led me to distinguish questions of harm from questions of wrong, that is, of moral constraint. It is not always wrong to cause even extreme harm. In this essay I support the more modest thesis that the idea of "intolerable harm" is no barrier to the idea that environmental atrocities can be evils even to non-sentient life. The question remains whether there are other barriers. Evildoers not only cause intolerable harm but are culpably wrong to do it. To whom must that wrong be done? In concluding I turn briefly to that issue, raising more questions than I can currently answer. Some may be disappointed. Yet the limits of my ambitions in this essay do not make them trivial. For any plausible account of environmental atrocities in a sense that includes evil to non-sentient beings must be able to make sense of the idea of doing such entities intolerable harm and should also indicate something of the range of non-sentient beings so vulnerable and in what ways they are vulnerable. These are my present objectives.In my book The Atrocity Paradigm I develop the theory that evils are reasonably foreseeable intolerable harms produced (or supported, aggravated, maintained, and so on) by culpable wrongdoing.2 Taking atrocities, such as genocide, slavery, and saturation bombings of cities, as paradigm evils, I refer to this view as "the atrocity theory" of evils. It both draws on and mediates between stoic and utilitarian approaches to evil. On my theory, evils have two irreducibly distinct components, wrongdoing and harm, linked by causality. Evil is popularly equated with wickedness or moral turpitude. But on the atrocity theory, the depth of harm to victims, rather than perpetrators' motives, is usually what distinguishes evils from other wrongs.The atrocity theory not only focuses attention more on harm than on [End Page 24] wrongdoing but also directs attention to the grossest harms. Some of the worst damage culpably inflicted by human agents has been to the natural environment. Can such damage be downright evil? In my book I indicated that the atrocity theory was intended to make sense of evils done "to many living beings, not just people or even just sentient beings,"3 although I did not defend that idea or work out the details. The present essay attempts a working out of... (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Over fifteen years after first reporting to the State of New York, the Harvard Medical Practice Study continues to have a significant impact in medical malpractice policy debates. In those debates the HMPS has come to stand for four main propositions. First, “medical injury… accounts for more deaths than all other kinds of accidents combined” and “more than a quarter of those were caused by substandard care.” Second, the vast majority of people who are injured as result of substandard care (...) do not file a claim. Third, “a substantial majority of malpractice claims filed are not based on provider carelessness or even iatrogenic injury.” Fourth, “whether negligence or a medical injury had occurred… bore little relation to the outcome of the claims.”Medical malpractice researchers have long known that the HMPS provides far stronger support for the first two of these propositions than for the last two; the HMPS was not designed or powered to reach strong conclusions about the validity of medical malpractice claims. (shrink)

: The concept of synonymity, which is defined as the expression of the same meaning by different words, is discussed by modern linguists and also by Muslim scholars in relation to the Qur’ān. Among these Muslim scholars there are those who accept the existence of synonymousness in language as well as those who do not accept it. In this study, it was argued that the use of the words alleged to be synonyms in the Qur’ān is not correct in terms (...) of the meaning and coherence of the Qur’ān, and it is emphasized that there is only one close meaning relationship between these words in terms of meaning. This thought has been used to determine the meaning fields of the words imrae and the zawj used in the Qur’ān and used in place of each other in the commentaries. As a result, the domain of meaning of the word imrae is defined as: betrayal, infertility, bereavement/slavery, indifference of husband’s to his wife, and the inhabitants of hell due to the belief among the spouses and from laxity. The meaning domain of the word of zawj is determined as follows: Being spouse/marriage and faith together. For this reason, although both words. Summary: Synonymousness is defined as “two or more than two words expressing the same meaning”. Even though it is claimed that the words which are regarded as synonymous increase the power of expression in a given language, it appears that they also cause an ambiguity. Due to these two influences of synonymousness on language, its existence has been discussed by modern linguists as well as Muslim scholars. Among these Muslim scholars there are those who accept the existence of synonymousness in language as well as those who do not accept it. In this regard, they are divided into two different branches, namely “synonym finders” and “nuance chasers”. The synonym finders accept that there are synonymous words in Arabic language and, therefore, in the Qur’ān, while the nuance chasers embrace the idea that no word can be the same as another one, there are some nuances among them. The words used in the Qur’ān are not randomly selected. The aesthetic dimension of the Qur’ān is assigned by Almighty Allah as a necessity of its i’jāz. It is, therefore, obvious that the words assumed to be synonymous cannot be used in place of each other in the Qur’ān, and in case of being used in place of each other it would harm the harmony and the aesthetics of the Qur’ān. In the present study, through the context of the words imrae and zawj, we aim to call attention to see that synonymousness cannot exist in the Qur’ān. It is seen that the words imrae and zawj are used in place of each other in the commentaries on the Qur’ān and are translated into Turkish as “lady, spouse, wife, and woman”. As a matter of fact, the words that are treated in this way also in translations of the Qur’ān are used instead of each other both in Arabic and Turkish as “synonyms”. However, if the issue is approached with respect to Qur’ānic language, it must be stated that these words are not used in place of each other. For if the Qur’ān is carefully read, it will be seen that the contexts in which the aforementioned words are used differ from one another. We make firm that the word imrae expressing “woman” in Arabic is not used in the Qur’ān at random, but in various contexts. We can list the contexts in which this word is used in the Qur’ān as follows: The word imrae is used in the Qur’ān to characterize a woman in a context of betrayal caused by divergence of belief between the spouses. In this case, it is possible that the disbeliever is to be the husband as it is possible that it is to be the woman. In fact, the most typical example of a woman's disbelief, in the Qur’ān, is found in the case of the Prophet Noah’s wife and the Prophet Lūt’s wife. The case here is that there are two prophets’ wives who do not believe in their husbands’ prophethood, at least they exhibit an attitude of hypocrisy. On this point, the Surah al-Tahrīm 66/10 characterizes both the wife of Noah and the wife of Lūt with the word imrae. The difference in belief that the wives of the prophets have is not expressed with the terms like kufr, shirk, nifaq, etc., but with the term “betrayal”. The example in which the husband being unbeliever/polytheist and his wife being believer is found in the case of Pharaoh and his wife. The Qur’ān introduces Pharaoh as a disbeliever and his wife Asiya as a Muslim one who responds to Moses’ invitation positively. This woman is mentioned in the Qur’ān with the word imrae without mentioning its name. This expression takes place twice throughout the Qur’ān: one in the Surah al-Qasas 28/9 and the other in the Surah al-Tahrīm 66/11. In the case where the wife cheating on her husband - in consequence of unchastity - even though they are married, the Qur’ān does not use the word zawj for the woman, but the word imrae. The example of this case is the desire of the wife of the Egyptian Aziz for young Joseph who grows up in her home. It is noteworthy that the word describing her in the Surah Yusuf 12/30 is imrae because of her unfaithfulness to her husband and that the behavior of this woman is pictured as an unfaithful act in the Surah Yūsuf 12/52. Imrae is also used, in the Qur’ān, to describe the women who are childless. One of the examples of this case is presented in relation to the wife of Abraham in the Surah al-Dhāriyāt 51/28-29, and another one in relation to the wife of Zakariyya in the Surah Maryam 19/5. In fact, the wives of these two prophets were described with the word imrae in the relevant verses in consequence of their inability to have children due to their infertility. Another example of this case is the characterization of the woman who is both fatherless and childless with the word imrae in the Surah al-Nisā 4/12. The word imrae is also used for single and widow women. The situation of the single daughters of Shuʻayb and the situation of the mother of Mary who became widowed after the death of her husband before her daughter was born are the two examples for the case as the word imrae is used to express these women. In the Qur’ān, there are two other situations in which the word imrae is used for a woman. In the first of these situations the word imrae is used to express the woman who was confronted with her husband's carelessness, while in the second one it is used for Abu Lahab’s wife about whom foretold that she will be punished in the hell. Another word that we will deal with in our work is zawj/azwāj, which is used for the bound of marriage between every wife and husband. The word zawj is used for Adam’s wife, Eve, who was of exactly the same essence as Adam. It is also used in the Surah al-Rūm 30/22 where it is mentioned that God has put love and mercy between the spouses. In this verse, the spouses are expressed with the word azwāj. In the Qur’ān, the word zawj/azwāj is used both in the context of union of believers in belief and in the context of union of disbelievers in disbelief. In fact, in the Qur’ān, the word azwaj is used for the wives of the Prophet Muhammad and for the spouses of the believers, the dwellers of the Paradise, who share the same belief in a union. An opposite example takes place in the Surah al-Saffat 37/22 where the word azwāj is used for those who share the same mentality in polytheism and disbelief. As a result, the word zawj contains almost all the conditions that are necessary to be a spouse, whereas the word imrae is used in cases where the conditions that are necessary to be a zawj are not fully fulfilled. It can be stated that, with reference to the words imrae and zawj in particular, there is no any ground in the Qur’ān for synonymousness in general. For this reason, we believe that it is more appropriate to use the phrase "close in meaning" instead of “synonymous” for the words used by the Qur’ān. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:76 AN UNNOTICED ERROR IN HUME'S TREATISE "...the conformity between love and hatred in the agreeableness of their sensation makes them always be excited by the same objects..." Treatise, Book II, Part II, Sec. X. This passage from Hume's A Treatise of Human Nature is taken from the first edition of 1739. It can also be found in the Everyman Edition, the editions of Selby-Bigge Mossner, and Green and (...) Grosse, without editorial comment of any kind. Yet it contains a glaring and obvious error. The most superficial reading of Book II will convince one that it is love and pride that conform in the agreeableness of their sensation they are both indirect passions that aire pleasant in feeling. On the other hand, humility and hatred share in being disagree able or unpleasant impressions. This might have been a printer's error, or Hume's own mistake, and the reason for it is not hard to find. This part of Book II was called "Of love and hatred" ; the expression "love and hatred" recurs several times throughout the whole. In ei»ther the writing of the manuscript or the type setting of the text, a habit was established. Habit, which Hume himself used to explain so much else, must here be cited as the explanation of this slip. What is more interesting is the reason why such an obvious error has gone so long unnoticed. Here an ambiguity in Hume's use of the word "object" should be noticed. It is sometimes used simply as a synonym for "thing" and this is the usage in "excited by the same objects". Hume is merely saying that love and pride have the same sorts of cause. When this cause is found in oneself it leads to pride and when in another it leads to love. This of course is connected with the fact that both these passions are aggreeable or pleasant in sensation. 77 "Object" also has a special technical use in Book II when it refers to the person towards whom the passion is directed, as in "the object of the passion". Now love and hatred do have a similar sort of object, i.e. another person, whereas the object of pride and humility is, according to Hume, always oneself. In this usage, the object of a passion is carefully distinguished by Hume from its cause. It is possible that a careless and superficial reading of this passage might lead one to think that Hume meant to say that love and hatred agree in having the same sort of object, i.e. another person. Such inattention is to be deplored, but after all, until very recently, such inattention was typical of the attitude of philosophers towards Book II 2 as a whole. D. W. D. Owen University of Stirling 1.See for instance the previous paragraph; "I have suppos'd all along, that the passions of love and pride, and those of humility and hatred are similar in their sensations, and that the two former are always agreeable, and the two latter painful." 2.Thanks are due to Mr. Roland Hall for checking the first edition on my behalf.... (shrink)

The most frequent reasons of the accidents seen at children at the ages of 0-5 who have a right to be cared and protected are negligence and carelessness. In this study, judicial cases compiled from children between 0-5 years of age, who had been injured due to severe family negligence and were referred to the Osmangazi University Training, Practice and Research Hospital between the dates of September 1999 and March 2001, were examined. 40 of 113 cases were due to (...) poisoning from drugs. The main reasons for this were as follows the unawareness of children about the harm of drugs, putting drugs in reach of children, and the easy access to drugs from pharmacies without prescription. The recognition of international measures by Turkish government on the approach to the problems imposed by the young age population is a guarantee for the children rights. Our study implies that, as suggested by other researchers, the investigation of measures to prevent injuries due to negligence and the application of these measures will certainly improve the welfare of the given society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Cross-Examining Socrates. A Defense of the Interlocutors in Plato’s Early DialoguesMark L. McPherranJohn Beversluis. Cross-Examining Socrates. A Defense of the Interlocutors in Plato’s Early Dialogues. Cambridge: Cambridge University Press, 2000. Pp. xii + 416. Cloth, $69.95.This book is a valuable and thoroughly-researched contribution to the study of Plato's Socratic dialogues. Its fine qualities stem in part from its cathartic motivations: for years Beversluis suppressed his ever-growing reservations concerning (...) the "standard picture" of Socrates's interaction with his various interlocutors (16). On Beversluis's account, this position naively takes Socrates's own apologia at face-value, portraying him as a self-sacrificing soul-therapist who treats his corrupt, one-dimensional interlocutors fairly, despite their many carefully drawn faults (e.g., stupidity, vanity, and violence, followed by face-saving exits). Beversluis aims to rectify this picture by retrying Socrates in a class-action suit on behalf of Socrates's interlocutors—who, he thinks, the standard account has quite unfairly maligned (while it has simultaneously ignored Socrates's "dark side"; e.g., his unscrupulous, hypocritical, and harmful tactics [esp. his conscious use of fallacy]).Beversluis's book contains a Preface, Introduction, and seventeen chapters, finishing with a very good bibliography, general index, and indexes of passages cited, names, and modern authors. Chapter 1, "The Socratic Interlocutor," examines the structure of Plato's Socratic dialogues and the role of their interlocutors. Beversluis contrasts Plato's dialogues with those produced by Augustine, Anselm, Hume, and Berkeley, arguing that a key difference between them lies in the fact that Socrates is presented as having no system to expound, championing instead the intrinsic value of philosophizing. Also, Socrates's interlocutors are drawn from a "narrow sociological group," (29) and are unprepared for their (unpleasant) encounters with Socrates (31).Chapter 2, "Elenchus and sincere assent," cogently argues that the "say what you believe" constraint on Socrates's use of the elenchus represents a consensus in need of critical reappraisal. In particular, Beversluis contends that Socrates often relies on qualified or uncomprehending assent, and that our texts do not support the idea that Socrates never argues with the soul-ignoring intention to win an argument using faulty argumentation and willful misrepresentation of the interlocutor's statements.The next fourteen chapters closely assess Socrates's encounters with Crito, Ion, Hippias, Laches and Nicias, Charmides and Critias, Euthyphro, Cephalus, Polemarchus, Thrasymachus, Hippocrates, Protagoras, Gorgias, Polus, and Callicles. The book ends with a chapter on "The last days of the Socratic interlocutor," outlining the view that Plato's later work features non-elenctic spokesmen who are sensitive to the moral dangers of careless (i.e., Socrates's) elenchus-wielding.In his central chapters, Beversluis argues that "Saint Socrates" is in fact a philosophical [End Page 583] Jekyl and Hyde. Although scholars have celebrated the former philanthropic figure as a model philosopher, that has obscured his Hyde-like, predatory behavior towards innocents such as Euthyphro and Crito. However, here readers are themselves given a mixed bag: while Beversluis offers, for example, a detailed and smart defense of Cephalus against those who portray him as a petty-minded, superstitious, moral fraud (Chapter 9)—as well as sensitive, careful analyses of Socrates's less-than-clear arguments throughout—other chapters occasionally go overboard in their apologetic efforts. One example will have to suffice here.According to Beversluis, Euthyphro's typical characterization as a pretentious, dense, father-bashing, religious zealot who "would have done well in the Nazi Youth Movement," (R. F. Holland; 163), has drawn attention away from the fact that Socrates's treatment of Euthyphro is abusive and ineffectual. But although Beversluis rightly sees that the figure of Euthyphro is being used in a complex fashion by Plato, his account is marred in several ways. For example, although it is likely that Socrates does not himself possess complete definitions of virtue-concepts such as justice (164-169), unlike Euthyphro, Socrates can presumably provide elenchus-proof defenses of his own non-traditionalist claims. Again, while Socrates may overwhelm Euthyphro with his principles of proper definition (Eu. 5c-d, 6d-e), proceeding on uncomprehending, merely verbal agreement (169-177), Plato surely did not intend... (shrink)

In this paper, by applying a feminist bioethical perspective, we identify a new form of medical paternalism that still shapes contemporary legal policies on human egg cryopreservation performed without medical reasons. The fear of negligent, careless women who opt to delay their pregnancy for mere convenience is a widely known gender biased stereotype. Nevertheless, the opinions and judgments of medical professionals on this issue have not yet been sufficiently explored by in-depth research. In this essay, therefore, first we look at (...) the broader bioethical, legal, and social aspects of human egg cryopreservation. In the second part of the paper we discuss a unique qualitative study conducted with professionals working at Hungarian IVF clinics. We argue, based on a bioethical analysis of the collected data, that when new reproduction technologies provide opportunities for women to widen their range of reproductive choices, the traditional forms of medical paternalism can be reinforced by gendered paternalism, as well. We identify several elements of gendered paternalism that characterized the attitudes of the IVF staff and discuss the professionals’ resistance to elective egg freezing and vitrification of eggs for the future. We conclude by suggesting directions for future policy. Although we focus on the Hungarian case in this paper, we are aware that similar attitudes can be observed in some other countries where this technology has become available and requested by women, but where they also face difficulties in their access to it. (shrink)

In July 1993, the Scottish Highlands Centre for Human Caring sponsored a conference with the title Exploring the Spirituality in Caring. The papers given at the conference and included in this volume are offered as a contribution to the debate that must take place in nursing and in the wider context of health care provision. Ann Bradshaw's paper puts the debate in context arguing that nursing is fundamentally a loving response to the human being created in the image of God.

In Decent People, Norman Care explores how we may understand and be reconciled to the fragility of our moral nature. In his highly original vision of what it means to be a decent person, Care claims that our moral-emotional nature pressures us to seek relief from moralized pain - pain that comes from our awareness of our own wrongdoing, the suffering of current or future people, and our experience of indifference to moral imperatives. Care argues that decent people are neither (...) 'pure' nor self-righteous and that they are vulnerable to the need for forgiveness. Decent people may take morality seriously, but they are not guaranteed success at its challenges. (shrink)