This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

Patrick Stokes has argued that although many conspiracy theories are true, we should reject the policy of particularism (that is, the policy of investigating conspiracy theories if they are plausible and believing them if that is what the evidence suggests) and should instead adopt a policy of principled skepticism, subjecting conspiracy theories – or at least the kinds of theories that are generally derided as such – to much higher epistemic standards than their non-conspiratorial rivals, and believing them only if (...) they are proven up to the hilt. The reason is that although some conspiracy theories are true (or otherwise epistemically kosher) there is a widespread practice of conspiracy theorizing which leads to the social acceptance of conspiracy theories which (much like Lord Byron) are mad, bad and dangerous to ‘know’, leading to radically false beliefs about the natural and political worlds (for instance to Trump’s claim that Global Warming is a ‘Chinese Hoax’). Thus Stokes is a defender of the epistemic status quo in which the punditocracy routinely dismisses and sneers at ‘conspiracy theories’, simply because they are conspiracy theories, whilst admitting sotto voce that once in a blue moon there are some conspiracy theories that are true. It is just the he would prefer the epistemic policy of the punditocracy to be the policy of the populace at large. Stokes seems to be suggesting that although particularism looks like a sensible epistemic policy (and might indeed be the correct policy in an ideal world), if it were put into practice at the level of public debate it would give a specious air of plausibility to many false and dangerous conspiracy theories with pernicious social effects. I reply that the actual moral costs of conspiracy ‘skepticism’ (as it is currently practiced) exceed the likely costs of particularism, especially if it is informed by some sensible heuristics, ruling out some conspiracy theories as crazy and ruling in others as relatively sane. For the conspiracy ‘skepticism’ as currently practiced is highly selective, pouring scorn and contempt on conspiracy theories which threaten current elites whilst giving the conspiratorial concoctions of those elites something close to a free pass. (shrink)

The collapse of historicism was not merely the demise of an academic tradition but signified a shift in the understanding of hermeneutics and metaphysics. Whereas earlier books have explored the rise and dominance of historicism within academic history, this is the first to trace its collapse and to show how it was shaped by larger philosophical and scientific concerns. Charles R. Bambach's lucid account of the demise of historicism within the context of German metaphysics provides a rich new perspective (...) on the development of the young Heidegger's concept of "historicity" and on the origins of postmodern thought. Bambach reconstructs the methodological debates arising from a pervasive sense of crisis among German philosophers in the late nineteenth century. He details the divergent attempts by the Neo-Kantians, Nietzsche, and Dilthey to overcome the limitations of historical relativism. Heidegger's view of "historicity," Bambach shows, radically transforms the problematic of historicism into a discourse concerning the crisis of philosophical modernity. (shrink)

The myth of the homeland -- The Nietzschean self-assertion of the German University -- The geo-politics of Heidegger's Mitteleuropa -- Heidegger's Greeks and the myth of autochthony -- Heidegger's "Nietzsche".

In February 1993, Judge Charles R. Richey of the United States District Court issued a summary judgment in the case of Animal Legal Defense Fund, et al. v. The Secretary of Agriculture, et al. The decision, which was in favor of the Animal Legal Defense Fund, requires the U.S. Department of Agriculture to withdraw its current regulations governing exercise for dogs and the psychological well-being of nonhuman primates used for biomedical research and to issue new regulations containing only minimum, (...) measurable standards. Both plaintiffs and defendants contended that they were seeking the best interests of the laboratory animals. The issue at stake is whether animals are better protected if the government establishes limited minimal standards or is allowed to require institutions to provide additional standards, which will be judged on the basis of their effectiveness in maintaining healthy animals. The Court avoided this dispute, however, by placing primary emphasis on applying the Administrative Procedures Act and stating that it was merely interpreting the "plain meaning" of the Animal Welfare Act, as amended. In this article, arguments are presented for interpreting the law in a far more flexible way than Judge Richey did. The conclusion is also reached that there were no winners in the Animal Legal Defense Fund case and that the real losers are the laboratory animals. (shrink)

This book is meant to help resolve a couple of uncertainties.

This book is comprised of essays previously published in Philosophy & Public Affairs and also an extended excerpt from Michael Walzer's Just and Unjust Wars.

Major topics: the nature and moral stutus of animals, animal experimentation and alternatives, use of animals for food, and environmental ethics. A bibliography of works historically important to animal rights and a list of 181 animal rights and animal welfare organizations worldwide enhance the book's usefulness. Annotation copyrighted by Book News, Inc., Portland, OR.

Classifying species as ‘native’ or ‘alien’ carries prescriptive force in the valuation and management of ‘nature’. But the classification itself and its application are contested, raising philosophical and geographical questions about place, space, rights, identity and belonging. This paper discusses leading critiques of the native/alien paradigm, including its conceptual fluidity, dichotomous rigidity and ethical difficulties, as well as the incendiary charge of xenophobia. It argues that valorizing ‘native nature’ as inherently the ‘best nature’ is not only obsolete but impracticable in (...) the Anthropocene, and that the preeminence of biogeographic origins should be replaced with a pragmatic focus on species’ behavior. (shrink)

Information theory provides a quantitative conceptual framework for understanding the flow of information from the world into and through brains. It focuses our attention on the sets of possible messages a brain's anatomy and physiology enable it to receive. The meanings of the messages arise from the inferences licensed by the brain's processing of them. Different meanings arise at different levels because different representations of the input license different inferences.

In this revised edition of his 1979 classic Political Theory and International Relations, Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a theory of international (...) politics should include a revised principle of state autonomy based on the justice of a state’s domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:When OPRR Comes Calling:Enforcing Federal Research RegulationsCharles R. Mccarthy (bio)In an update following this article, Ruth Macklin responds to the revelation that the controversial Hall-Stillman embryo-splitting experiment at George Washington University was conducted—contrary to federal regulations—without prior institutional review board (IRB) review. This revelation altered Dr. Macklin's view of the ethical status of the research. Undoubtedly such revelations also raise general questions for administrators and researchers in many institutions, (...) including, for example: How do allegations of noncompliance with federal regulations arise? When should allegations of infractions of the regulations be reported? Who has an obligation to report? To whom should reports be made? What sort of inquiry should take place? Who should conduct the inquiry? If a determination is made that infractions have occurred, what sanctions are appropriate? And, what publicity is given to the allegations, before, during, and after an evaluation?Some of these questions can be answered in a straightforward manner, while the answers to others depend on the circumstances of the case. This article provides some general answers to these questions.1BackgroundThe Department of Health and Human Services (DHHS) is the largest supporter of biomedical and behavioral research in the world. Somewhere between 25 and 33 percent of its medical research budget is devoted to the support of research involving human subjects. In accordance with the Public Health Service Act, DHHS has issued Regulations for the Protection of Human Subjects (45 CFR 46). The DHHS Secretary has delegated responsibility for promulgating and administering the regulations to the Office for Protection from Research Risks (OPRR), which is located within the National Institutes of Health.When an institution receives an award from a DHHS agency to carry out research involving human subjects, it is required to negotiate, or to have on file, an "assurance of compliance" document that provides detailed information [End Page 51] specifying how the institution plans to comply with the regulations for the protection of human subjects. Most major research institutions in the country have on file a "multiple project assurance" (MPA) document, which extends DHHS regulations to all human subjects research conducted or sponsored by that institution, irrespective of the source of funding. The regulations and the assurance of compliance require any research project involving human subjects to be reviewed and approved by an institutional review board (IRB) prior to initiation of the research. In addition, the project must be re-reviewed by the IRB at appropriate intervals—in no case, less than once a year. Institutional compliance with these and other requirements of the regulations has improved during the last 30 years and appears to be at a high level. However, from time to time, allegations of noncompliance arise, as they did in the George Washington University embryo-splitting experiment, and set in motion the review process described below.How do Allegations of Noncompliance Arise?Allegations or indications of noncompliance with federal regulations for the protection of human subjects may come from a variety of sources. Most commonly, the institution's IRB discovers that research involving humans is going forward without the required prior IRB review and approval, or that approved research is being conducted in a way that is contrary to the stipulations of the IRB. The Hall-Stillman case came to the attention of George Washington University's IRB because the research protocol was submitted to the IRB after the research had been carried out. In this case, there could be no doubt that an infraction had occurred.Information about possible noncompliance also frequently derives from a funding agency's Initial Review Group (IRG) (commonly called a Study Section) when it has reason to suspect noncompliance in a project it is reviewing for possible funding. An actual case that occurred some years ago involved a research application that proposed to perform brain biopsies on normal volunteers. The IRG that reviewed the application lost little time in questioning whether an IRB had approved the protocol. In this case, it was not enough for the IRG to recommend disapproval of the proposal for funding; it also was obliged to report the possible infraction to OPRR.Whistleblowers, including research subjects, nurses, students, members of the... (shrink)

Proponents of the view that social structures are ontologically distinct from the people in whose actions they are immanent have assumed that structures can stand in causal relations to individual practices. Were causality to be no more than Humean concomitance correlations between structure and practices would be unproblematic. But two prominent advocates of the ontological account of structures, Bhaskar and Giddens, have also espoused a powers theory of causality. According to that theory causation is brought about by the activity of (...) particulars, in the social psychological case, individuals of some sort. Consistence would demand that structure be those individuals. But neither Giddens nor Bhaskar wish to reify structure to the extent that would fit it for a role as a powerful particular. If only human beings can be powerful particulars in these contexts, the only way that structures can be real must be as properties of conversational interactions. Human action is social just in so far as people direct themselves to engage well in joint activities with others. (shrink)

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Numbers are symbols manipulated in accord with the axioms of arithmetic. They sometimes represent discrete and continuous quantities, but they are often simply names. Brains, including insect brains, represent the rational numbers with a fixed-point data type, consisting of a significand and an exponent, thereby conveying both magnitude and precision.

Professor Flathman's main aim in this interesting paper is to set forth what we might call the “moderation thesis.” It holds that there may be occasions when the best thing to do, all things considered, is to violate a right – at least if the violation takes the form of what Flathman calls “civil encroachment” or “civil non-enforcement.” Moreover, it would be desirable, in a society whose practices include rights, for this belief to be generally accepted, so that those who (...) engaged with good reason in “civil encroachment” would receive the sympathetic support of the community. Let me begin by trying to explain the source of the problem to which this thesis is a response. As Flathman notes, rights have a discretionary character: if I have a right to do or to have something, it is up to me whether to do it or to have it. Having a right, I am entitled to make a choice. Since we cannot say, in advance, what choice I will make, we cannot say, in advance, what will be the state of the world after I make it. But since it seems plain that some states of the world are more desirable than others, it will always be possible that the consequences of my choice will be worse, on the whole, than the consequences of some other choice that I might have made but did not. To moderate rights is apparently to act in ways that redress or compensate for the undesirable results of their exercise. (shrink)

Are conspiracy theorists epistemically vicious? That is the conventional wisdom. It has distinguished supporters, including Quassim Cassam, Cass Sunstein and Adrian Vermeule. For me, a trait is an epistemic virtue if leads to the discovery of salient truths and the avoidance of pernicious falsehoods, and an epistemic vice the contrary. As such epistemic virtues and vices are role‐relative, context‐relative and end‐relative. I argue that that it is not necessarily or even usually vicious to be a conspiracy theorist, even if we (...) restrict the conspiracies in question to conspiracies on the part of Western government agencies, the reason being that many such theories are now known to be true. Finally I contend that the policy suggested by some polemicists of systematic skepticism towards conspiracy theories would be intellectually suicidal and hence vicious. (shrink)

This paper details a three-credit-hour undergraduate ethics course that was delivered using traditional, distance, and compressed formats. OLS 263: Ethical Decisions in Leadership is a 200-level course offered by the Department of Organizational Leadership and Supervision in the Purdue School of Engineering and Technology at Indiana University Purdue University Indianapolis (IUPUI). Students in engineering, technology, business, nursing, and other majors take the course. In an effort to determine student perceptions of course and instructor effectiveness, end-of-course student survey data were compared (...) using data from traditional, distance, and compressed sections of the course. In addition, learning outcomes from the final course project were evaluated using a standardized assessment rubric and scores on the course project. (shrink)

James's Fairness in Trade seeks to offer an account of fair trade that is “internal” to an existing practice he describes as “mutual market reliance.” This paper distinguishes several senses of the distinction between “internal” and “external” that occur in the book and asks how, in its various senses, the distinction shapes and influences judgments about the fairness of the practice.

The essays in this collection honor Professor Ellis Sandoz, Hermann Moyse Jr. Distinguished Professor of Political Science, Louisiana State University, and founding director of the Eric Voegelin Institute for American Renaissance Studies, an institute located at Louisiana State University and devoted to research and publication in the fields of political philosophy, constitutional law, and Voegelin studies. Without the tireless leadership—both academic and economic—of Ellis Sandoz, who was one of Eric Voegelin’s early students and his first American doctoral candidate at the (...) University of Munich, the thirty-four volumes of _The Collected Works of Eric Voegelin _would never have neared completion within only twenty years of Voegelin’s death. The authors of the essays, some of the most respected scholars in the field of political philosophy, hail from Austria, Canada, the Czech Republic, Germany, Ireland, and the United States. They have known Sandoz in a variety of ways: as former students, as beneficiaries of his work on constitutionalism, as fellow participants in the publication of _The Collected Works of Eric Voegelin_, as philosophical colleagues, as participating members of the Eric Voegelin Society, and finally as friends. The essays, each written especially for this volume, are grouped into the disciplines of philosophy, literature, and politics and range widely across these subjects, exploring writers as diverse as Xenophon, Natsume Soseki, Freud, and George Santayana and topics ranging from the leadership style of François Mitterrand and the Velvet Revolution to the nature of the Law and of the Political. _Philosophy, Literature, and Politics _is a fitting tribute to a man whose life’s work has been formed by commitment to the philosophical enterprise and by a conviction in Eric Voegelin’s contribution to that enterprise. The seventeen essays in this collection will be of particular interest to scholars of politics, comparative government, Japanese studies, political philosophy, and literary criticism. (shrink)

Five faculty members in the College of Business at Northern Illinois University received a grant from the James S. Kemper Foundation to integrate ethics into the graduate business curriculum. This was the second phase of a comprehensive program to integrate ethics into the business curriculum. Each faculty member taught a required course in the MBA program. The faculty members represented each of the five functional departments in the College of Business.This paper describes the ethics content, materials, and approaches that were (...) used to cover ethics by each of the five faculty members. Hopefully, this description will help other faculty and universities integrate ethics more effectively into the business curriculum. (shrink)