With so much attention being paid to the development and refinement of appropriate criteria and tests for death, little attention has been given to the broader conceptual issues having to do with its definition or with the relation of a definition to its criterion. The task of selecting the correct criterion is, however, virtually impossible without proper attention to the broader conceptual setting in which the definition operates as the key feature. All of the issues I will discuss arise because (...) of this lack of concern with conceptual matters. Such problems as incorrectly diagnosing a patient as dead prior to the harvesting of his or her organs, defending the idea that death is reversible, and advocating a brainstem criterion of death, are all, I believe, errors that derive from this misplaced emphasis. (shrink)

The pioneering work of Edwin T. Jaynes in the field of statistical physics, quantum optics, and probability theory has had a significant and lasting effect on the study of many physical problems, ranging from fundamental theoretical questions through to practical applications such as optical image restoration. Physics and Probability is a collection of papers in these areas by some of his many colleagues and former students, based largely on lectures given at a symposium celebrating Jaynes' contributions, on the occasion of (...) his seventieth birthday and retirement as Wayman Crow Professor of Physics at Washington University. The collection contains several authoritative overviews of current research on maximum entropy and quantum optics, where Jaynes' work has been particularly influential, as well as reports on a number of related topics. In the concluding paper, Jaynes looks back over his career, and gives encouragement and sound advice to young scientists. All those engaged in research on any of the topics discussed in these papers will find this a useful and fascinating collection, and a fitting tribute to an outstanding and innovative scientist. (shrink)

An important contribution to the foundations of probability theory, statistics and statistical physics has been made by E. T. Jaynes. The recent publication of his collected works provides an appropriate opportunity to attempt an assessment of this contribution.

« Mais pourquoi diable les humains, sur leur petite planète bleue, s’intéressent-ils à ce point à moi, qui ne suis qu’un extraterrestre? » : telle est la question que pose un E. T. parmi tant d’autres, depuis l’espace intersidéral, à une autrice de science-fiction qui a transformé ce genre littéraire qu’est le space opéra et à un astrophysicien qui est aussi le président du plus grand festival de sciences et de science-fiction en France : les Utopiales à Nantes.

This essay discusses the developments and trends of research in legalargumentation of the last 25 years. The essay starts with a survey of thevarious approaches which can be distinguished: the logical approach, therhetorical approach, and the dialogical approach. Then it identifies varioustopics in the research, which constitute the various components of aresearch programme of legal argumentation: the philosophical component, thetheoretical component, the reconstruction component, the empiricalcomponent, and the practical component. It concludes with a discussion ofthe main trends in the research (...) of the last 25 years. (shrink)

An important contribution to the foundations of probability theory, statistics and statistical physics has been made by E. T. Jaynes. The recent publication of his collected works provides an appropriate opportunity to attempt an assessment of this contribution.

One of the most recent writers on the early history of Rome has shown that the framework of the traditional story is perhaps to be trusted, even though there are many details, inconsistent and self-contradictory, which are obviously to be rejected. In view of this fact, it might be worth while to reconsider the Coriolanus story, the prevailing opinion concerning which is that vouchsafed by Mommsen many years ago: ‘die Erzählung ist ein spät, in die Annalen eingefügtes, darum in alien (...) Stücken denselben ungleichartiges und widersprechendes Einschiebsel.’ The reasons for arriving at such an opinion are sufficiently obvious to warrant their receiving but the barest recital. First, it is incredible that the Volsci would either choose a renegade Roman to be their general, or, even if they did, allow him at the last minute to rob them of the fruits of victory. Secondly, inconsistencies in the version of the story which we possess induce us to suspect its historicity; for example, Dionysius of Syracuse is made to send corn to the starving Romans'—yet Dionysius lived some hundred years later; a youthful Coriolanus is represented as having considerable influence in the senate—yet in those early days the senate was essentially a gathering of venerable men; the Roman populace learns immediately the gist of Coriolanus' remarks in the senate—yet senate meetings were held in secret; Volsci are allowed to attend the ‘ludi’ and to meet at the Spring of Ferentina—yet in the fifth century none but Latini could do this; the Roman Marcius is given an honorific cognomen, Coriolanus, because of his behaviour at the capture of Corioli—yet such cognomina were not granted until the third century or even later and even then only to the general and not to the subordinate; the plebs is represented as wielding great power in the assembly1—yet we know that in the fifth century it did nothing of the kind. (shrink)

In Martin v. Ortho Pharmacetrtical Corp. ), the Supreme Court of Illinois held that, although a federal regulation requires pharmaceutical manufacturers to provide direct warnings to consumers about the dangers associated with oral contraceptives, this regulation does not constitute an exception to the learned intermediary doctrine and the manufacture will not be held strictly liable. The court declined to recognize an exception for manufacturers of contraceptives due to important policy considerations and the legislative intent underlying the learned intermediary doctrine. The (...) doctrine is based on the assumption that prescribing physicians, not pharmaceutical manufacturers, are in the best position to provide direct warnings to patients concerning the dangers associated with prescription drugs. The decision may affect patients whose medical care providers are unable to account for drug propensities or patient susceptibilities. Additionally, patients with forgetful or inarticulate health care providers are at risk. (shrink)