A 10 year-old child requires an esophagogastroduodenoscopy (EGD). One of the child’s parents is requesting an unsedated esophagogastroduodenoscopy, citing their experiences in a different country and concerns about anesthetic medications. The child is assenting to the procedure. The patient previously had multiple sedated EGDs without complications. Concerns are raised by the anesthesia, GI, and operating room teams about the ethics and child safety of performing an unsedated EGD, given this is not the typical standard of care at the performing hospital. (...) In this paper we analyze prior literature and ethical principles, and explore whether unsedated EGD with appropriate monitoring is an ethically acceptable alternative to sedated EGD in this instance. (shrink)

As is shown in the introduction of the book, the notion "illocutionary act" is used with quite a number of essentially different meanings; consequently, it is quite unclear what an "illocutionary act" is actually supposed to be. This problem is the starting point of the thesis. An argument is stated, to the effect that the introduction and use of scholarly terms like, for instance, "illocutionary act", or "performative sentence", is not entirely arbitrary. It is argued that technical terms should not (...) be re-defined without a reason, but in the absence of reasons to the contrary should be used in the way in which they have originally been introduced. This argument is applied to the notion "illocutionary act". John L. Austin is the one who introduced this notion. Consequently, his conception of these acts should be adopted unless there are good reasons to the contrary. Therefore the book provides a detailed analysis of Austin's account, and his original conception of these acts is reconstructed. The most popular alternative account of "illocutionary acts" is John R. Searle's. Therefore, secondly, the book provides an analysis of Searle's famous account of "illocutionary acts" - the first really detailed one available, including Searle's own work. It is shown that what Searle presents is in fact extremely sketchy, and can certainly not be viewed, as it often is, as an elaborated theory. It is further argued that the fundamental assumptions about language which Searle intends to illustrate with his account of "illocutionary acts" are mistaken, so that in general a theory following the lines Searle suggests is doomed to failure. Finally it is shown that Searle's account of "illocutionary acts", as far as it goes, is not an adequate adoption of the conception Austin introduced. Hence Searle's account is no reasonable alternative to Austin's account. (shrink)

This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.

The question of „objectivity in the law and in legal science“ was first posed in the jurisprudence of the German-speaking countries at the end of the eighteenth century, a period marked by the supplanting, at last, of the traditional subjective concept of science through the objective concept of science as definitively established by Kant in the Critique of Pure Reason. The present study takes up both Georg Friedrich Puchta and Rudolf von Jhering, the former reflecting the then-prevailing scientific paradigm set (...) by the philosophy of German idealism, the latter, a generation later, reflecting the changes in the scientific paradigm that were drawn from new developments in natural science. Both thinkers, as the study shows, sought in their different ways to establish the possibility of objectivity in the science of law. While Puchta believed he could find scientific truth in the law itself, namely in the system of subjective legal rights, Jhering saw the guarantee of scientific objectivity solely in the method of legal science, understood as having universal validity. Thus, both Puchta and Jhering find themselves in agreement not only with the prevailing scientific views of their respective times but also with their own views of correct law. (shrink)

Zwischen 1738 und 1745 erschien in Amsterdam eine von Johann Christoph von Sprögel und Adolph Friedrich Marci übersetzte achtzehnbändige Ausgabe der Lehrbücher der Mathematik und Philosophic von Christian Wolff. 1764 gab Johannes Petsch, einer der bedeutendsten Leibniz-Wolffianer in den Niederlanden, eine holländische Übersetzung der Essais de Théodicée von Leibniz heraus. Wie groß jedoch der Einfluß der beiden deutschen Denker auf die niederländische Philosophie gewesen ist, war bislang unklar. Der Aufsatz versucht zu zeigen, daß der Leibniz-Wolffianismus neben dem Neukantianismus eine wichtige (...) Rolle im philosophischen Denken der Niederländer in der Zeit der Aufklärung spielte. (shrink)

From classical to quantum physics. Theoretical challenges by experimental physics : radiation and its interaction with matter / Shaul Katzir. Challenging the boundaries between classical and quantum physics : the case of optical dispersion / Marta Jordi Taltavull. Putting the quantum to work : Otto Sackur's pioneering exploits in the quantum theory of gases / Massimiliano Badino and Bretislav Friedrich -- Quantum mechanics in the making. The concepts of light atoms and light molecules and their final interpretation / Dieter Fick (...) and Horst Kant. Early interactions of quantum statistics and quantum mechanics / Daniela Monaldi. Pourparlers for amalgamation : some early sources of quantum gravity research / Dean Rickles -- Extending the framework of quantum physics. Superposing dynamos and electrons : electrical engineering and quantum physics in the case of Nishina Yoshio / Kenji Ito. The origins of Maria Göppert's dissertation on two-photon quantum transitions at Göttingen's Institutes of Physics, 1920-1933 / Barry R. Masters. An act of creation : the Meitner-Frisch interpretation of nuclear fission / Roger H. Stuewer -- The challenges of quantum field theory. Tsung-Sui Chang's contribution to the quantization of constrained Hamiltonian systems / Xiaodong Yin, Zhongyuan Zhu, Donald C. Salisbury. Feynman's struggle and Dyson's surprise : the development and early application of a new means of representation / Adrian Wüthrich -- Traditions and debates in recent quantum physics. Orthodoxies on the interpretation of quantum theory : the case of the consistent history approach / Olival Freire. From do-it-yourself quantum mechanics to nanotechnology? : the history of experimental semiconductor physics, 1970-2000 / Christian Kehrt. (shrink)

One might legitimately wonder why, if Christopher Middleton, in his Selected Letters of Friedrich Nietzsche, published translations of approximately ten per cent of the total available Nietzschean correspondence, the current translators have elected to repeat roughly sixty per cent of these in the present work. One might extend this misgiving to a further questioning as to why the co-translators have chosen to include "representative" passages of these letters when Middleton translates them in their entirety. Stripping sentences from paragraphs and (...) paragraphs from pages is surely no way to present a meaningful portrait of their author. If this were done with the intention of presenting a simple, non-contradictory view of Nietzsche's development or personality, it would be understandable, if unjustifiable. But it is not. If the present translations were markedly fresh and lucid in contrast to previously bungled efforts, it would be understandable. But they are not. If Middleton's content footnotes were occasionally lifted from Schlechta, they made up in substance what they lacked in originality. The few footnotes scattered here might be copiously expanded to explain what is going on--going on in the letter, going on in Nietzsche's development, going on in the book. As it is, all one can do is ask: Why bother?--R. J. G. (shrink)

A common account sees the human genome sequencing project of the 1990s as a “natural outgrowth” of the deciphering of the double helical structure of DNA in the 1950s. The essay aims to complicate this neat narrative by putting the spotlight on the field of human chromosome research that flourished at the same time as molecular biology. It suggests that we need to consider both endeavors – the human cytogeneticists who collected samples and looked down the microscope and the molecular (...) biologists who probed the molecular mechanisms of gene function – to understand the rise of the human genome sequencing project and the current genomic practices. In particular, it proposes that what has often been described as the “molecularization” of cytogenetics could equally well be viewed as the turn of molecular biologists to human and medical genetics – a field long occupied by cytogeneticists. These considerations also have implications for the archives that are constructed for future historians and policy makers. (shrink)

Extensive literatures exist on the epistemology of testimony, memory, and perception, but for the most part these literatures do not systematically consider the extent of the analogies between the three epistemic sources. A number of the same problems reappear in all three literatures, however. Dealing simultaneously with all three sources and making a careful accounting of the analogies and disanalogies between them should therefore avoid unnecessary duplication of effort. Other than limits on the scope of which memorially- and testimonially-based beliefs (...) should be included in the Parity Thesis, I argue that most of the disanalogies that different philosophers have proffered between the sources do not mark distinctions among the universes of possible testimonially-, memorially-, and perceptually-based beliefs regarding the explanation of those beliefs' epistemic status. I first criticize the suggestion that perception is a generative epistemic source, while testimony and memory are not; I propose and defend counterexamples in which testimony and memory produce new beliefs. Next, I criticize a variety of distinctions that have been drawn between testimony and perception, taken chiefly from the reductionist-antireductionist literature on testimony. I criticize the suggestion that the conceptualization of content and the transparency of experience affect the epistemologies of testimony and perception in different ways. Regarding memory and testimony, I advocate modeling testimony on the legal relationship of a principal and an agent, arguing that law's apparatus used to analyze such situations suggests that using others' epistemic services in testimony will supply the same epistemic benefits and burdens as if we had performed those epistemic tasks personally and then relied only on memory. I apply this analysis to the transmission of defeaters in testimony. I argue that memory does feature the epistemic equivalent of a perceptual image and that both perceptually- and memorially-based beliefs can concern either the past or the present. Finally, I construct a set of six transformations that turn individual possible instances of perceptually-, memorially-, or testimonially-based beliefs into individual possible instances of the other two types of beliefs without changing the structure of those beliefs' epistemologies. (shrink)

Learning to play a musical instrument involves mapping visual + auditory cues to motor movements and anticipating transitions. Inspired by the serial reaction time task and artificial grammar learning, we investigated explicit and implicit knowledge of statistical learning in a sensorimotor task. Using a between-subjects design with four groups, one group of participants were provided with visual cues and followed along by tapping the corresponding fingertip to their thumb, while using a computer glove. Another group additionally received accompanying auditory tones; (...) the final two groups received sensory cues but did not provide a motor response—all together following a 2 × 2 design. Implicit knowledge was measured by response time, whereas explicit knowledge was assessed using probe tests. Findings indicate that explicit knowledge was best with only the single modality, but implicit knowledge was best when all three modalities were involved. (shrink)

Konrad Cramer, in “ Reflections on the Logical Structure of a Kantian Moral Argument ”, argues that the Universal Law Formulation of the Categorical Imperative is best understood as providing us with an indirect method for determining the moral permissibility of acting on our maxims. He then goes on argue, however, that no interpretation of UL is consistent with Kant’s epistemic claim that we can easily discover what morality demands of us. In response I argue that Cramer relies on an (...) excessively demanding interpretation of Kant’s epistemic claim and that his indirect interpretation of UL rests on a problematic account how our maxims relate to the actions that we perform on their basis. I then turn to the question of the overall plausibility of UL, and stress the need to interpret it within the context of Kant’s overall moral system. (shrink)

During the 1940s in America, as medicine became more research-focused, medical researcher heroes were described as devotedly pursuing miraculous medicine. At the same time, Hollywood thrived, and films were an effective means to help build the myth of the physician hero. Cinematic techniques, rather than only the narrative, of four films, Dr. Arrowsmith, The Story of Louis Pasteur, Dr. Ehrlich’s Magic Bullet, and Dr. Jekyll and Mr. Hyde, are discussed to understand how they helped construct the image of the physician (...) hero, both in terms of what they were and what they were not. (shrink)

It is known that properties of words such as their imageability can influence our ability to remember those words. However, it is not known if other object-related properties can also influence our memory. In this study we asked whether a word representing a concrete object that can be functionally interacted with would enhance the memory representations for that item compared to a word representing a less manipulable object . Here participants incidentally encoded high-manipulability and low-manipulability words while making word judgments. (...) Using a between-subjects design, we varied the depth-of-processing involved in the word judgment task: participants judged the words based on personal experience , word length , or functionality . Participants were able to remember high-manipulability words better than low-manipulability words in both the personal experience and word length groups; thus presenting the first evidence that manipulability can influence memory. However, we observed better memory for low- than high-manipulability words in the functionality group. We explain this surprising interaction between manipulability and memory as being mediated by automatic vs. controlled motor-related cognition. (shrink)

The notion of compositional development in the text of Job is directed at a simplistic view of the book, and of the problem of suffering and rewards; it does not touch the difficult view of God that pervades all levels of tradition in the present book.

David Brown (b. 1948) is a Scottish Episcopal priest and theologian whose work covers a vast terrain spanning methodological divisions between philosophy, Christian theology, religious studies, the arts and culture. Early work on the Trinity and Incarnation led to a Newman-inspired articulation of Scripture as tradition, and, related to this, the exploration of tradition as revelation with reference to a wide range of human experience. Moving from materially-mediated divine presence to culturally-mediated revelation, Brown's phenomenology of religious experience amounts to a (...) transformed natural religion along sacramental lines. Essays in this volume consider Brown's wide ranging and generative contributions in three parts: 1) Butler & Newman, 2) Incarnation & Trinity, and 3) Sacramentality & the Arts, with a concluding response from Brown himself that addresses 'religious experience and revelation', as well as 'secular culture and religious distinctiveness'. (shrink)

I deploy the sense-reference distinction and its kin from the philosophy of language to answer the question what in constitutional interpretation should, and should not, be able to change after founders adopt a constitutional provision. I suggest that a constitutional expression's reference, but not its sense, can change. Interpreters should thus give founders' assessments of reference only Skidmore-level deference. From this position, I criticize the theories of constitutional interpretation offered by Raoul Berger, Jed Rubenfeld, and Richard Fallon, and apply the (...) theory to whether the Fourteenth Amendment forbids racial segregation in public schools. (shrink)

Der vorliegende Sammelband widmet sich einem Thema der Sprachphilosophie: den Grenzen der Sprache. Die Begrenztheit des Sprechens, das Versagen der Sprache und das Schweigen sind Bereiche, denen das Interesse dieses Buches gilt. Groß e Bedeutung gewinnt deshalb die Frage, in welchem Sinne und ob überhaupt von einem Jenseits der Sprache gesprochen werden kann. Dabei steht das Verhältnis von Immanenz und Transzendenz im Mittelpunkt. Das Unnennbare, Unaussagbare, das Unheimliche, das hinter dem Rücken des Sprechenden lauert, ist der Sprache selbst transzendent. Trotzdem (...) gelingt es, das Transzendente sprachlich einzuholen. Es ist der Sprache immanent: ein immanentes Transzendentes. Darin scheint sich eine Potenz der Sprache anzudeuten, selbst darüber zu sprechen, worüber man nicht sprechen und gleichwohl nicht schweigen kann. Kaum ein Thema der Sprachphilosophie eignet sich daher mehr für einen interdisziplinären Band als gerade dieses. Es ist nicht nur Gegenstand der Philosophie, sondern verweist auf und korrespondiert mit wichtigen Forschungsrichtungen aus der Wissenschaftstheorie, der Theologie, der Sprachwissenschaften, der Germanistik, der Ästhetik, der Musikwissenschaften, der Wirtschaftswissenschaften, der Soziologie und Ethnologie und schließlich auch der Medizin. Der vorliegende Sammelband versucht, den unterschiedlichen Aspekten dieses Themas sowohl in historischer als auch in systematischer Hinsicht gerecht zu werden. (shrink)

In The Years of Extermination, the second volume of Nazi Germany and the Jews, Saul Friedländer attempts to write an “integrated” history of the Holocaust that captures the “convergence” of German decisions and policies, the reaction of the surrounding world, and the perceptions and experiences of the Jews. Although several historiographical issues are studied in detail , the most innovative aspect of the book is its extensive use of excerpts from over forty diaries of Jewish victims, which are interspersed among (...) the statements of Nazi leaders and officials, Wehrmacht soldiers, churchmen, and various collaborators and bystanders in order to juxtapose “entirely different levels of reality.” What ultimately holds the book together, despite its intentionally disrupted narrative and Friedländer’s disclaimer that the history of the Holocaust can be encompassed within any “single conceptual framework,” is the overarching theme of the “crisis of liberalism.”. (shrink)

The article analyzes the peculiarities of the destruction of Serbian Jews during Second Wolrd War in the local and European context. Of all the sites in Serbia relevant to the destruction of the Serbian Jews, Sajmiste is the most important. After the consideration of the attitude of Germans and Nedic?s regime toward Jews and?Gypsies? in the context of the Final Solution, the author highlights that the Sajmiste internment camp was transformed into a local death camp-the only such site outside the (...) territories of Poland and the Soviet Union. Serbia was the one country outside Poland and the Soviet Union where all Jewish victims were killed on the spot without deportation. It was the first country after Estonia to be declared?judenfrei.? Moreover, in Serbia the German army was not only complicit in the Holocaust but was in fact the main instigator and executioner in the killing of the Jewish men. For this reason, in particular, Sajmiste is a unique site for Holocaust remembrance not only in the Serbian but also in the European context. Clanak analizira osobenosti unistenja srpskih Jevreja tokom Drugog svetskog rata u lokalnom i evropskom kontekstu. Od svih mesta u Srbiji koja su relevantna za unistenje Jevreja, Sajmiste je najvaznije. Nakon razmatranja stava Nemaca i Nedicevog rezima prema Jevrejima i?Ciganima?, autor istice da je od logora za internaciju, Sajmiste transformisano u lokalni logor smrti, jedini takav izvan teritorija Poljske i Sovjetskog Saveza: osim Poljske i Sovjetskog Saveza, Srbija je jedina zemlja gde su jevrejske zrtve ubijane na licu mesta, bez deportacije. Posle Estonije, prva je zemlja koja je proglasena za judenfrei. Stavise, u Srbiji nemacka vojska bila je ne samo saucesnik u Holokaustu vec i glavni podstrekac i izvrsilac ubijanja Jevreja. Posebno zbog ovih razloga, Sajmiste predstavlja jedinstveno mesto secanj? na Holokaust, ne samo u srpskom vec i u evropskom kontekstu. (shrink)

Public health advocates, government agencies, and commercial organizations increasingly use nutritional science to guide food choice and diet as a way of promoting health, preventing disease, or marketing products. We argue that in many instances such references to nutritional science can be characterized as nutritional scientism. We examine three manifestations of nutritional scientism: the simplification of complex science to increase the persuasiveness of dietary guidance, superficial and honorific references to science in order to justify cultural or ideological views about food (...) and health, and the presumption that nutrition is the primary value of food. This paper examines these forms of nutritional scientism in the context of biopolitics to address bioethical concerns related to the misuse of scientific evidence to make claims regarding the effect of diet on health. We argue that nutritional scientism has ethical implications for individual responsibility and freedom, concerning iatrogenic harm, and for well-being. (shrink)

This study looked for evidence of biases in the allocation and disengagement of attention in dysphoric individuals. Participants studied images for a recognition memory test while their eye fixations were tracked and recorded. Four image types were presented (depression-related, anxiety-related, positive, neutral) in each of two study conditions. For the simultaneous study condition, four images (one of each type) were presented simultaneously for 10 seconds, and the number of fixations and the total fixation time to each image was measured, similar (...) to the procedure used by Eizenman et al. (2003) and Kellough, Beevers, Ellis, and Wells (2008). For the sequential study condition, four images (one of each type) were presented consecutively, each for 4 seconds; to measure disengagement of attention an endogenous cuing procedure was used (Posner, 1980). Dysphoric individuals spent significantly less time attending to positive images than non-dysphoric individuals, but there were no group differences in attention to depression-related images. There was also no evidence of a dysphoria-related bias in initial shifts of attention. With respect to the disengagement of attention, dysphoric individuals were slower to disengage their attention from depression-related images. The recognition memory data showed that dysphoric individuals had poorer memory for emotional images, but there was no evidence of a conventional mood-congruent memory bias. Differences in the attentional and memory biases observed in depressed and dysphoric individuals are discussed. (shrink)

Gerald Massey has constructed translation manuals for the purposes of illustrating Quine’s Indeterminacy Thesis. Robert Kirk has argued that Massey’s manuals do not live up to their billing. In this note, I will present Massey’s manuals and defend them against Kirk’s objections. The implications for Quine’s Indeterminacy Thesis will then be briefly discussed.

In recognition memory paradigms, emotional details are often recognised better than neutral ones, but at the cost of memory for peripheral details. We previously provided evidence that, when periph...

Laboratory-based studies of problem solving suggest that transfer of solution principles from an analogue to a target arises only minimally without the presence of directive hints. Recently, however, real-world studies indicate that experts frequently and spontaneously use analogies in domain-based problem solving. There is also some evidence that in certain circumstances domain novices can draw analogies designed to illustrate arguments. It is less clear, however, whether domain novices can invoke analogies in the sophisticated manner of experts to enable them to (...) progress problem solving. In the current study groups of novices and experts tackled large-scale management problems. Spontaneous analogising was observed in both conditions, with no marked differences between expertise levels in the frequency, structure, or function of analogising. On average four analogies were generated by groups per hour, with significantly more relational mappings between analogue and target being produced than superficial object-and-attribute mappings. Analogising served two different purposes: problem solving (dominated by relational mappings), and illustration (which for novices was dominated by object-and-attribute mappings). Overall, our novices showed a sophistication in domain-based analogical reasoning that is usually only observed with experts, in addition to a sensitivity to the pragmatics of analogy use. (shrink)