Remaining important tasks in finding and developing new drugs and vaccines for HIV/AIDS, malaria, cancer and other diseases require continued industry research and development. Industry’s research and development pipeline has produced drugs that have saved AIDS victims previously facing certain death, but still no cure nor vaccine is yet available. Experience with the process of research and development indicates that it requires more than a decade of development to produce a new drug with costs in the hundreds of millions of (...) dollars. Intellectual property protection is critically important in assuring that drug development continues. Partnerships between industry and the public sector have increased access to new therapies in developing countries and promise to enhance access to both patented and generic medicines in the future. (shrink)

This collection of essays examines the ways in which disputes and controversies about the application of scientific knowledge are resolved. Four concrete examples of public controversy are considered in detail: the efficacy of Laetrile, the classification of homosexuality as a disease, the setting of safety standards in the workplace, and the utility of nuclear energy as a source of power. The essays in this volume show that debates about these cases are not confined to matters of empirical fact. Rather, as (...) is seen with most scientific and technical controversies, they focus on and are structured by complex ethical, economic, and political interests. Drs. Engelhardt and Caplan have brought together a distinguished group of scholars from the sciences and humanities, who sketch a theory of scientific controversy and attempt to provide recommendations about the ways in which both scientists and the public ought to seek more informed resolutions of highly contentious issues in science and technology. Scientific Controversies is offered as a contribution to the better understanding of the roles of both science and nonscientific interests in disputes and controversies pertaining to science and technology. (shrink)

The place for the placebo in human clinical research is addressed in this paper. The World Medical Association which is comprised of some 80 National Medical Associations uses much of its resources to address medical ethics and human rights issues. It adopted the Declaration of Helsinki in June 1964 which addressed the protection of individuals in clinical trials. The use of placebos assumes an important role in this document. Five Revisions of the Declaration of Helsinki have occurred and the most (...) recent was adopted in October 2000. The provisions on placebo are now in Paragraph 29 which reads as follows:“The benefit, risks, burdens and effectiveness of a new method should be tested against those of the best current prophylactic, diagnostic and therapeutic methods. This does not exclude the use of placebo, or no treatment, in studies where no proven prophylactic, diagnostic or therapeutic methods exists.”The reactions to the newly revised version of the Declaration of Helsinki were numerous and rapid, not the least of which was the paragraph I quoted above.At the direction of the WMA Council, a small group of experts together with the WMA workgroup studied the Paragraph 29 to ensure that no ethically sound research was being restricted by the revision. The outcome was approved by the Council and later the WMA General Assembly in October 2000. This gives a note of clarification as to the appropriate use of placebos. Numerous papers and statements over the last several years have described positions very much in line with the Note of Clarification cited above. (shrink)

This text is an interview given by Prof. Dr. Alfredo Pereira Jr. to Leonardo Ferreira Almada, on the occasion of the call for publication of interviews with different Brazilian philosophers. In response to the goal of the Trans/Form/Ação journal call, we sought to carry out an interview in which a PhD professor with an established career presents some elements of his personal and academic stories, as well as clarifies important points of his research, some of his theses and vision of (...) the world based on questions asked by another professor, a historical research partner, and in-depth knowledge of the interviewee’s career. (shrink)

Heroism presumes “humanity.” Black candidates for heroism in the United States, however, must often overcompensate for the presumed sub-humanity imposed upon them by the American popular imaginary. By way of an illustration, consider the instructive case of the Rev. Dr. Martin Luther King Jr., who, arguably, attains the status of American Hero in spite of his Blackness. Through a unique account of the life of Dr. King, I will argue that King attains the requisite overcompensation necessary for American heroism by (...) becoming what João Costa Vargas and Joy James call a Baldwinian Cyborg, a “super human with unnatural capacities to suffer and love.” I will present, here, a literary narrative that weaves speculative fiction into the interstices of the historical record in order to contend that the Black Cyborg is necessary in a world where white Americans are “human” but Black citizens remain aspirations. (shrink)

Though 2023 marks the sixtieth anniversary of Dr. Martin Luther King Jr.’s iconic “I Have a Dream” speech, my reflections on the theme of the 2023 annual meeting of the Society of Christian Ethics, “Vision, Imagination, and Dreams in the Work of Ethics,” are inspired by King’s lesser known “Beyond Vietnam” speech. I connect my hopes for the future of Christian ethics to King’s still unrealized vision of social transformation. It is one where the US (and other empires) would affirm—not (...) subvert—each people’s right to self-determination and we scholar-activists would continue to search for connections between and among social issues even if others insist upon their discreteness. (shrink)

Bringing together speeches given at the Institute's annual King Day convocation, this book celebrates two decades of commitment by MIT to honoring the memory and furthering the work of Martin Luther King, Jr. In reading these speeches, one catches in reflection twenty years of turmoil and change, some positive (including an increasing number of speakers drawn from the ranks of MIT's African-American alumni/ae) but much negative, in which Dr. King's dream has been a continuing beacon for action. Speakers have included (...) leaders who are prominent both nationally and in the local (Boston/Cambridge) community, in accordance with Dr. King's dual emphasis on global and local issues. The book closes with Coretta Scott King's twentieth-anniversary address in 1994. The 1995 speech by A. Leon Higginbotham is included as an appendix. (shrink)

This book seeks to reframe our understanding of the lawyer's work by exploring how Martin Luther King, Jr built his advocacy on a coherent set of moral claims regarding the demands of love and justice in light of human nature. King never shirked from staking out challenging claims of moral truth, even while remaining open to working with those who rejected those truths. His example should inspire the legal profession as a reminder that truth-telling, even in a society that often (...) appears morally balkanized, has the capacity to move hearts and minds. At the same time, his example should give the profession pause, for King's success would have been impossible without his substantive views about human nature and the ends of justice. This book is an effort to reframe our conception of morality's relevance to professionalism through the lens provided by the public and prophetic advocacy of Dr King. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Luther King, Jr., and the Legacy of Boston PersonalismJ. Edward Hackett1. IntroductionWhen the question of the Rev. Dr. Martin Luther King, Jr.’s philosophical legacy arises in the academy, so far, the question remains open-ended (though, as I will shortly argue, the question has already been answered by King himself). Beyond his presence in public American consciousness, King left behind speeches, sermons, correspondence, and writings that inspire both philosophical (...) and theological reflection. However, King is also interpreted on the merits of the biases and philosophical traditions that we scholars navigate. Such biases and philosophical traditions mediate our experience of encountering King, and this mediation can impact our understanding of what exactly King’s philosophical legacy is.1Accordingly, we should seek to reconstruct King’s thoughts in the philosophical vocabulary King employed rather than displacing King from his own agency and the contexts that shaped him.2 In doing so, we prevent mistakes and misunderstandings that plague the public knowledge of King’s legacy. And yet, serious misunderstanding occurs every January with light fluff pieces in major newspapers and websites from authors who do not read King’s corpus. What’s more, some scholars are guilty of this lack of reading King widely. Consider Martha Nussbaum and her glaring error and omission in her recent contribution to a recent book that purports to look at King as a philosopher: “Although a religious man, [King] did not advance in his political writings a comprehensive and religious doctrine, as Gandhi did” (Nussbaum 123). In an otherwise interesting article about political emotions, Nussbaum completely neglects any historical consideration or development where King describes himself as a personalist.3 Like others, Nussbaum disregards King’s own self-description. This disregard is tantamount to a silent [End Page 45] and implicit racism that results in scholarly efforts that deprive King of his own intellectual agency when interpreting his work. This tendency prevails in both philosophy and theology departments, and this neglect has also been the larger challenge of African American philosophy gaining more acceptance as a field of philosophical inquiry (McClendon and Ferguson 38). My efforts in this article are to put an end to continual misreadings of King. First and foremost, King is a personalist.While this essay defends the personalist interpretation of King, let me lay out briefly those pieces of evidence. The interpretation of King as a personalist rests on four evidential sources: (1) King’s own words, (2) family background, (3) influence of personalist ideas on his writings, and (4) the tradition of King’s reception by other Boston personalists. First, King describes himself in his own words as a personalist. This is perhaps the biggest piece of evidence for why we should read King as a personalist. Second, King was influenced by personalism before studying Brightman’s philosophy with Gregory Davis at Crozers Theological Seminary.4 Before Morehouse College and Crozers Theological Seminary, according to Rufus Burrow, homespun personalism emerges out of King’s upbringing within the Black Church. For this reason, scholars should not doubt that King synthesizes personalist influences with how he was raised (Burrow, God and Human Dignity 17–31). Moreover, given that King chose to go to Boston University to study with Brightman and to be where Boston personalism was known to be strong, all of these facts indicate that King was a personalist (Burrow, God and Human Dignity 24).Homespun personalism gave King a vocabulary to bring together and synthesize many intellectual forces in his life, and this synthesis is recognized by other personalists. Walter Muelder is one such personalist. Muelder was Dean of Boston University’s School of Theology from 1945–1972 when King attended. Muelder and King exchanged correspondence, and Muelder delivered many lectures, some published and others unpublished, on the personalism of King. The most famous of these lectures is one Muelder gave to Morehouse College in 1983, in which Brightman’s moral law system is read into King’s own words. Taking this historical background and also that, to this day, some teachers at Morehouse College, like Lawrence Carter, make their students learn the personalist moral law system from Muelder and Bright-man, the personalist interpretation... (shrink)

This volume examines the philosophical thought of Dr. Martin Luther King, Jr. and is an assessment of King’s contribution to philosophy—especially ethics, social philosophy and philosophy of religion. It also explores the relevance of King’s thoughts as “liberatory discourse”—insurgent thinking aimed at enabling contemporary social justice.

In this essay, and in his honor, I focus on two of physician-philosopher H. Tristram Engelhardt, Jr.’s many contributions, namely, his view that biomedical ethics cannot offer a singular content-driven theoretical approach and requires an appreciation of epistemologies of knowing in medicine. While these two positions remain controversial, because we all want definitive answers to our questions concerning what we ought to do in medicine and elsewhere, Dr. Engelhardt’s view makes possible discussion and debate in medicine to include diverse, defensible (...) ways of knowing. In the end, Dr. Engelhardt’s approach in biomedical ethics is one of shared decision making and negotiation. This is an important model if we take respect for patients seriously in the clinical setting. (shrink)

Reverend Dr. Martin Luther King, Jr., wrote in his Letter from Birmingham Jail: “Injustice anywhere is a threat to justice everywhere.” That was in April 1963, more than a half-century ago. He had been jailed for his agitation to end injustice against non-white people in his own country, and he would be killed soon after by an assassin who hated him and his vision.

In this study, the authors analyze data from a Gallup Organization public opinion poll commemorating the 40th anniversary of the Equal Employment Opportunity Commission to illustrate how businesses might incorporate Dr. Martin Luther King Jr.'s social justice themes of belongingness and connectedness in ways beneficial to desirable organizational outcomes (e.g., employee satisfaction, employee loyalty, employee retention). Results from a racially/ethnically diverse sample of more than 1,200 Americans indicate that, among other outcomes, racial and ethnic minority employees who feel a sense (...) of engagement (i.e., belongingness and connectedness) with their workplaces, and who believe in their organization's commitment to diversity, feel a heightened affective connection at work. Furthermore, negative psychosocial outcomes because of perceived discrimination-based inequity in the workplace were mediated by engagement and trust in organization diversity policies. The authors discuss implications of these findings for future management research and practice. (shrink)

The philosophical implication that guides the issue addressed here is the following: how does the principle of the common constitute a frontal apophasis to the principle of property in contemporary democracies? I do not pretend to offer an exhaustive answer to this problem. However, I use the argumentative strategy of dividing this paper into three sections: (i) theoretically investigate the dialectical tension between the principle of the common and the principle of property; (ii) analytically observe the premise that the behavioral (...) practices of exacerbated individualism contribute as an act of aversion to the principle of the common and (iii) dwell on the articulation of the notion of the principle of the common as a factor that is present on the threshold between the philosophical vulgar and philosophical universal. Finally, I form some considerations that problematize the naturalized notion of the principle of property in current democracies, in view of the constituent power that the principle of the common holds in the perspective of achieving the well-being of human agents in contemporary community life. (shrink)

Dr. Martin Luther King Jr.’s theology and rights-based activism remain highly relevant in a constitutional democracy. However, King’s use of human dignity in his early sermons as an extension of political rights faces serious challenges from Black leftist political writers and the Black Lives Matter movement. At issue is the extent to which human dignity should be examined as a distinct political, aesthetic, and moral category that must be explored and embraced more explicitly and wholeheartedly in Black politics and political (...) theory. Bracketing human dignity inside the category of political rights, which King often did in his early writings, undermines the comprehensive nature of antiblack racism and limits the scope and range of questions and resources we might employ to address the social ontology of Blackness. A sustained attention to human dignity provides an opportunity for new scholarly direction in the study of Black politics and political thought by expanding the boundaries of the political and creating space for morality and Black religion in the political (leftist) imaginary. (shrink)

Selection theory requires multiple, distinct, simultaneously-actualized states. In cognition, each thought or cognitive state changes the 'selection pressure' against which the next is evaluated; they are not simultaneously selected amongst. Creative thought is more a matter of honing in a vague idea through redescribing successive iterations of it from different real or imagined perspectives; in other words, actualizing potential through exposure to different contexts. It has been proven that the mathematical description of contextual change of state introduces a non-Kolmogorovian probability (...) distribution, and a classical formalism such as selection theory cannot be used. This paper argues that creative thought evolves not through a Darwinian process, but a process of context-driven actualization of potential. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Revisiting the Launching of the Kennedy Institute: Re-visioning the Origins of BioethicsWarren Thomas Reich (bio)Twenty-five years ago, on October 1, 1971, at a press conference held at Georgetown University, the Joseph and Rose Kennedy Institute for the Study of Human Reproduction and Bioethics, later called the Kennedy Institute of Ethics, was officially inaugurated. To revisit that event—and the Institute’s five founding collaborators who spoke at it—provides an opportunity to (...) re-vision some of the most significant intellectual, moral, cultural, and political factors that shaped both this Institute and the then-nascent field of bioethics.Eunice Kennedy Shriver, who spoke at the press conference, was intensely committed to a new sort of philanthropy that would effect socio-political change in favor the dignity and well-being of the mentally disadvantaged. As executive vice-president of the Joseph P. Kennedy, Jr. Foundation, she had already applied the Foundation’s vision and resources to the task of harnessing the best of the “biological revolution” of the 1960s to prevent developmental disorders. Prompted by the values at stake in the care of the disadvantaged, she turned the Foundation toward the creation of the Institute in 1971.Just prior to the opening of the Institute, Mrs. Shriver had produced and appeared as introducer in a highly influential film, “Who Shall Survive?”, which dealt with a “mongoloid baby” who was allowed to die in the newborn clinic because of its condition. Showcased at a highly publicized symposium involving 2000 people (Editorial 1971) and widely discussed in the press, the film helped to establish neonatal ethics as paradigmatic for the emerging field of bioethics (Bedeviling Question 1971; Rothman 1991, pp. 190–221). Undoubtedly under the influence of her involvement in the publicizing of those issues, Mrs. Shriver commented at the press conference that she hoped the Institute would re-emphasize the value of children in face of the widespread feeling that children are a burden (Kennedys 1971, p. 19).At the press conference, then president of Georgetown University, Robert J. Henle, S.J., announced the Kennedy Foundation’s grant of $1.35 million to establish the Institute. Henle was undoubtedly alert to the fact that certain issues, such as abortion and terminating the lives of infants, would be perceived [End Page 323] as highly controversial when raised at a Catholic university. Not surprisingly, reporters at the press conference raised provocative questions about how Georgetown University would reconcile Catholic moral doctrine with the Institute’s broadly-based inquiries. Henle replied tersely that the Institute “will be a ‘truly ecumenical and catholic effort,’ defining catholic in its classical meaning of universal” (Helping 1971). The reporters might have found it quite ironic that within a few years Georgetown’s ecumenical vision had provided the intellectual environment that permitted the Institute to become famous for development of the first systematic, secular (principle-based) approach to bioethics (Reich 1995).Father Henle was probably also aware that by launching the Kennedy Institute he was creating the first institute principally devoted to ethics research ever established at a university. It took a special sort of university to take this first step into bioethics research and policymaking. In 1971, ethics was regarded as belonging to religion, and religion was generally regarded as suspect academically. While it was difficult, in that atmosphere, for a nonreligious university to take such a bold step, Henle’s Georgetown University offered a promising setting that could scarcely have been found in any other university. It departed from the common mold of Catholic-college-as-indoctrination-center, yet it had an explicit and unashamed commitment to the investigation of religious and secular values in an environment of academic freedom. It was an increasingly cosmopolitan university, committed to developing the best of secular scholarship. Furthermore, Henle was willing to experiment with as-yet unproven interdisciplinary studies.Sargent Shriver—god-father of the Kennedy Institute, chairman of its first Advisory Board, and a constant dialogue partner of his friend and the Institute’s founding director, Dr. André Hellegers—was intensely interested in linking scientific progress with religious belief, unfettered moral debate, and commitment to disadvantaged humans.At the inaugural event, the new Institute was described as... (shrink)

Die demografische Entwicklung und der medizinische Fortschritt werden die Problematik der Ressourcenknappheit im Gesundheitswesen in Zukunft weiter verschärfen. Auch Deutschland steht eine Prioritätensetzung im Gesundheitswesen bevor. Diese sollte in möglichst transparenter Weise nach klaren Kriterien erfolgen. Ein nur selten in diesem Kontext besprochenes Kriterium der Verteilung von Mitteln in der Gesundheitsversorgung ist die marginale Wirksamkeit medizinischer Leistungen. Im vorliegenden Beitrag wird dieses Kriterium vorgestellt und auf seine Fairness hin untersucht. Nach der kritischen Diskussion einiger Argumente gegen den offenen Einsatz von (...) Rationierungskriterien und einer Definition von marginaler Wirksamkeit in zwei unterschiedlichen Dimensionen werden verschiedene Vorzüge und eventuelle Nachteile des Kriteriums beleuchtet. (shrink)

Edmund D. Pellegrino has played a central role in shaping the fields of bioethics and the philosophy of medicine. His writings encompass original explorations of the healing relationship, the need to place humanism in the medical curriculum, the nature of the patient’s good, and the importance of a virtue-based normative ethics for health care. In this anthology, H. Tristram Engelhardt, Jr., and Fabrice Jotterand have created a rich presentation of Pellegrino’s thought and its development. Pellegrino’s work has been dedicated to (...) showing that bioethics must be understood in the context of medical humanities, and that medical humanities, in turn, must be understood in the context of the philosophy of medicine. Arguing that bioethics should not be restricted to topics such as abortion, third-party-assisted reproduction, physician-assisted suicide, or cloning, Pellegrino has instead stressed that such issues are shaped by foundational views regarding the nature of the physician-patient relationship and the goals of medicine, which are the proper focus of the philosophy of medicine. This volume includes a preface by Dr. Pellegrino and a comprehensive Introduction by the editors. Of interest to medical ethicists as well as students, scholars, and physicians, _The Philosophy of Medicine Reborn_ offers fascinating insights into the emergence of a field and the work of one of its pioneers. “After a long period of dormancy, philosophy of medicine has blossomed with new life. The single most important physician-philosopher in that rebirth has been Edmund Pellegrino. His contributions to virtue theory, the concept of beneficence, the dispute over the internal and external sources of a morality for medicine, and the role of the Hippocratic tradition are all critical. The essays collected in this volume have changed the history of the philosophy of medicine. He shows that philosophy of medicine can be done with both passion and compassion.” —_Robert M. Veatch, Kennedy Institute of Ethics, Georgetown University_ “Edmund Pellegrino's words have helped medical students, faculty, scholars and patients address the challenges they encounter in medicine and medical practice. His personal support has also been critical for many of us in developing programs in medical ethics and philosophy of medicine in our universities. Dr. Pellegrino combines the wisdom of a great physician with those of a great philosopher to produce a body of writing that will continue to inspire us all. This volume contains some of his best and most influential work.” —_Loretta Kopelman, The Brody School of Medicine, East Carolina University_ _ _ “Edmund Pellegrino has been a leading light in the philosophy of medicine for a generation. He was instrumental in the birth of bioethics, founded one of the leading journals, and provided able leadership in organizing early activities of the profession. He has served as department chairman, dean, and university president. Most recently, he chairs the President’s Council on Bioethics. In all this, first and foremost, he has been a physician. Those who are ill and suffering make a claim upon him. To respond to this claim, Pellegrino creatively brings together the worlds of science and of the humanities. For him, that is what medicine is about, making it the most scientific of the humanities and the most humane of the sciences. Fortunately for us, Pellegrino brings these worlds together in thought, as well as in practice. In this selection from his writings, Engelhardt and Jotterand have captured the heart of Pellegrino’s project, both in depth and breadth, so we can also hear that claim of the ill and so we can see what worlds must come together if we are to respond in the appropriate way.” —_George Khushf, University of South Carolina_ “Pellegrino’s work is both a treasure and important for understanding bioethics. His work in philosophy of medicine addresses the crucial questions that are so important to understanding the practice of medicine and the ethics of health care.” —_Kevin Wildes, President, Loyola University_ _ _. (shrink)

Modern (western) healthcare with its many remarkable innovations has failed to prevent either the pandemic of life style-related diseases now accounting for over 2/3rd of illness and healthcare cost globally, or cure them. Most are preventable and reversible with a change in lifestyle. Since less than 3% of western healthcare budgets are spent on health promotion and disease prevention this is unlikely to change. What little health promotion there is focuses on diet and exercise with the mind neglected except recently (...) in the treatment of depression (1). (shrink)

Este artigo tem por objetivo levantar um debate a respeito da legalização da prática abortiva no Brasil, em razão do Projeto de Lei nº 1.135/91, ainda em trâmite no Congresso Nacional, que pretende a legalização do aborto, até momentos antes do parto. Apresenta-se, de forma introdutória, a problemática do discurso do aborto frente ao Projeto de Lei nº 1.135/91. Para tanto, apresenta-se um discussão sobre a universalidade da vida, o aborto no código penal brasileiro, a questão do avanço do aborto (...) na realidade brasileira, aborto versus Vida, a proibição da pena de morte e a legalização do aborto no Brasil e o Projeto de Lei nº 1.135/91 no Brasil. Conclui-se afirmando que se espera que no Brasil a sociedade reconheça a gravidade da descriminalização do aborto e cobre do Estado seus direitos fundamentais, principalmente o direito a vida. (shrink)

Economic inequality is a pressing issue that the global community must address in an urgent and detailed manner if global peace is to be sustained. This paper makes the claim that viable alternative solutions to global economic inequality can be found outside the boundaries of western capitalism. This claim is defended via three movements: first, a critique of Christian teachings on the common good is presented as a pathway to this economic alternative. Second, insights from Dr. Martin Luther King, Jr. (...) that call for strategic solidarity to help undo structures of inequality in our world are appropriated. Third, a cultural and philosophical notion of what it means to be human in African thought is presented as a means for justifying the relevance of the African ethic of Ubuntu as a global economic alternative; one that grounds cosmic flourishing in a vision and praxis of relationality and shared identity for all. Keywords: African Philosophy, Inequality, Political Theology, Ubuntu, Ujamaa, Wealth. (shrink)

• Answer ONE question from Section B. • Answer ONE question from Section C. 3. WRITE ANSWERS FROM EACH SECTION IN A DIFFERENT ANSWER BOOK.

Buddhism-influenced essays, stories, and reviews by National Book Award winner Charles R. Johnson. This wide and varied collection of essays, reviews, and short stories by the renowned author Charles Johnson offers incisive views on politics, race, and Buddhism. Johnson notes that in his life the two activities that have anchored him and reinforce each other are creative production and spiritual practice. This book is a crystallization of what he has learned during his passage through American literature, the visual arts, and (...) the Buddha dharma. Essays include: "And if Peace Is Their Goal" on the principles of enlightened politics, "The King We Need" on the deep and sophisticated moral philosophy of Dr. Martin Luther King Jr., and why King's teachings and example are important to all Americans, "Why Buddhists Should Vote"--Johnson posits that voting can be seen as a way to reduce suffering, "The Meaning of Barack Obama"--an appreciation of the man who became one of the most historic US presidents, even before his first 100 days were through, "Why Buddhism for Black America Now?"--what Buddhism can offer the African-American community in the post-MLK era. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.1 (2000) vii-ix [Access article in PDF] In Memory of Henry I first met Henry W. Johstone Jr. during the spring of 1968. I was a doctoral candidate at the University of Wisconsin and Henry was in Madison as part of a distinguished visitor series hosted by my mentor, Lloyd Bitzer. Lloyd had invited a group of graduate students to his home to meet the guest (...) of honor. I was particularly excited because Henry had accepted my paper on Aristotle's theory of exemplification to appear in the new international journal Philosophy and Rhetoric, which he edited. This was my first publication and I wanted to thank him, which seemed to this novice the appropriate thing to do. I remember that evening for Henry's seeming reserve, which I later learned was a deep shyness that masked his capacity for uncanny directness and a wicked sense of humor, and for his generosity in deflecting my naiveté about the basis for editorial judgments. I also remember it for his deft way of engaging a room of young rhetoricians with questions that conveyed his doubt about their subject (he later changed his mind) without clouding his sincere openness to what we had to say. The following fall, we met again during my interview for a position in the Speech Department at Penn State University. I was offered the position and became Henry's colleague as Book Review Editor of P&R. For the next thirty years, I was blessed to serve as Henry's partner-in-crime in the joys of life that may remain today only among the professoriate. We shared in the editorial work of the journal, in co-teaching our graduate seminar in Philosophy and Rhetoric, in our intellectual passion for the bonds and wars between philosophy and rhetoric, and in the pleasure of choosing the right bottle of wine. But more than that, we shared these common pursuits in contexts of luncheons, dinners, and social occasions that mixed intellectual work with the pleasure of treasured company.My son phoned today to tell me that Henry had died. His passing leaves a void in my life that goes beyond the loss of a friend and colleague. Henry was the person who, through patient selection of manuscripts for me to referee and guidance, taught me how to read journal submissions and offer critiques that might help the author to improve and the journal to prosper. Henry was the person who taught me the value of generosity with junior colleagues by his respectful and serious engagement of my own work. He had a marvelous capacity to entertain any idea seriously, to consider the possibility that even a far-fetched conjecture might have value rather than rejecting it out of hand. He lived the ideas he wrote about as a philosopher, arguing always ad hominem and con amore. Henry was the person who took me in tow as a young Turk and suffered my impatience with the conservative ways of our established institution [End Page vii] by taking me to lunch, engaging me in discussions of ideas, and sharing the delights of intellectual work, and in the process helping me retain my ideals and my focus.Lunch for Henry was more than a noontime meal. It was the way he sustained bonds with those he valued as friends and colleagues. He would call two weeks in advance to arrange a date at the Allen Room of the State College Hotel. He would arrive at my office ten minutes early and we would take a leisurely stroll along the Old Main Mall to the hotel. Our arrival was announced by the host with "Good afternoon Dr. Johnstone," that showed in its formality deep respect and in its tone equally deep affection. Henry always took a cocktail with lunch, inviting his companion to join him, and unless you were specific about the bill beforehand, Henry usually insisted on paying. Settling the bill was never an issue for Henry. He often included a graduate assistant from the journal or an assistant professor in our party and seemed to... (shrink)

Although The Common Law, the seminal work by Oliver Wendell Holmes, Jr., clearly represents the culmination of an intellectual journey, the development of Holmes' thought has not been easily deciphered. Frederic Rogers Kellogg traces Holmes' intellectual path, and asks: why did Holmes write The Common Law? what did he mean by his message that the law has evolved away from moral and toward external standards of liability? how did he arrive at this conclusion? The answers, Dr. Kellogg maintains, are to (...) be found in a series of nine essays that originally appeared in The American Law Review. They show that Holmes was obsessed with elemental questions of pure legal theory and link him closely to the philosophic method of his friend Charles Sanders Peirce. Taken together with Holmes' later work, and viewed in light of American philosophy, these essays establish Holmes as the founder of a distinct approach to jurisprudence and reveal the implications of that approach for Holmes' later contributions to constitutional law. (shrink)

A relatively high incidence of unsatisfactory review decisions is widely recognised and acknowledged as ‘the peer review problem’. Factors contributing to this problem are identified and examined. Specific examples of unreasonable rejection are considered. It is concluded that weaknesses of the ‘peer review’ system are significant and that they are well known or readily recognisable but that necessary counter-measures are not always enforced. Careful management is necessary to discount hollow opinion or error in review comment. Review and referee functions should (...) be quite separate. (shrink)