The passage of the Patient Protection and Affordable Care Act in March 2010 represents a significant turning point in the evolution of health care law and policy in the United States. By establishing a legal infrastructure that seeks to achieve universal health insurance coverage in the United States, the ACA targets some of the major impediments to accessing needed health care for millions of Americans and by extension attempts to strengthen the health system to support key determinants of health. Yet, (...) like many newly passed legislative provisions, the ultimate effects and significance of the ACA remain uncertain. Those charged with implementing the ACA face formidable obstacles — indeed, some of the same obstacles that have been erected to impede other major pieces of social legislation in the past — including entrenched political opposition, constitutional challenges, and what will likely be a prolonged struggle over the content and direction of how the law is implemented. As these debates continue, it is nevertheless important to begin to assess the impact that the ACA has already had on health law in the United States and to consider the likely effects that the law will have on public health going forward. (shrink)

"I say that the strongest principle of growth lies in human choice."Reduced to its most basic task, bioethics is about choices. What is the ethical or unethical decision at a particular biomedical moment? What is most just or unjust for a disabled or infirmed loved one? What feels like the morally right or wrong decision in a healthcare moment? "Should we or shouldn't we" at a medical impasse?Understandably, the question of choice has found an especially prominent and ethically contentious place (...) in disability discourses. Are disabled lives, disabled identities, and disabled bodies themselves best understood as "chosen"? As terminological variations on this theme, disability scholar Simi Linton has asked in the past... (shrink)

Lance Rips describes a unified theory of natural deductive reasoning and fashions a working model of deduction, with strong experimental support, that is capable of playing a central role in mental life.

In the last section of “Modern Moral Philosophy,” Elizabeth Anscombe puts on display three possible problematic relations to what may be thought of as three different kinds of necessity. The first relation is to pretend not to recognize the necessity that binds description to description in a paradigm case. The second relation is to fail to respond to a more primitive kind of necessity, thereby showing what Anscombe infamously calls “a corrupt mind.” The third relation is sometimes consciously to act, (...) because of a non-virtuous character, against a third kind of necessity, discovered by Aristotle, namely, the necessity of that on whichgood hangs. While the last section of “Modern Moral Philosophy” does not discuss in detail these relations or kinds of necessity, it foreshadows Anscombe’s latertreatment of them. (shrink)

A recent New York Times/CBS poll shows that nearly 80 percent of respondents think the American “health care system is headed toward a crisis because of rising costs.” Indeed, the public has become well acquainted with ominous-looking graphs that detail the nation’s health care spending. The increasingly steep slope of the graph showing the percentage of gross domestic product spent on health care invites tongue-in-cheek projections for when health care spending will finally consume it all.High aggregate health care expenditures result (...) from the low prices individuals pay for coverage. On average, patients pay only five cents out-of-pocket for every dollar of hospital charges they generate. The remainder is paid by private or public health insurance. Patients pay slightly more for physicians’ services—nineteen cents on each dollar. For health care of all types, patients pay approximately twenty-four cents on each dollar. With individuals paying what amount to fire sale prices for health care, it should come as no surprise that they purchase a great deal of coverage. (shrink)

Recent research on the metaethical beliefs of ordinary people appears to show that they are metaethical pluralists that adopt different metaethical standards for different moral judgments. Yet the methods used to evaluate folk metaethical belief rely on the assumption that participants interpret what they are asked in metaethical terms. We argue that most participants do not interpret questions designed to elicit metaethical beliefs in metaethical terms, or at least not in the way researchers intend. As a result, existing methods are (...) not reliable measures of metaethical belief. We end by discussing the implications of our account for the philosophical and practical implications of research on the psychology of metaethics. (shrink)

Pragmatism has enjoyed a major resurgence in Anglo-American philosophy over the course of the last decade or two, and Robert Brandom’s work – particularly his 1994 tome Making it Explicit (MIE) – has been at the vanguard of this resurgence (Brandom 1994).2 But pragmatism comes in several surprisingly distinct flavours. Authors such as Hubert Dreyfus find their roots in certain parts of Heidegger and in phenomenologists such as Merleau-Ponty, and they privilege embodied, preconceptual skills as opposed to discursive practices as (...) the basic sites of meaning and agency (Dreyfus 1991; Dreyfus 1992; Todes 2001). With strong inheritances from Dewey and Wittgenstein, Richard Rorty has championed a pragmatism whose core emphasis is on the rejection of transcendental truth and high metaphysical theorizing (Rorty 1982), and this anti-theoretical banner has been taken up by several prominent ethicists, among others. For his part, Brandom, who purports to offer a systematic theory of language and meaning grounded on a foundation of pragmatic normative relationships between speakers, looks back instead to Sellars and Quine for his stripe of pragmatism. Near the start of MIE, he writes: The explanatory strategy pursued here is to begin with an account of social practices, identify the particular structure they must exhibit in order to qualify as specifically linguistic practices, and then consider what different sorts of semantic contents those practices can confer on states, performances, and expressions caught up in them in suitable ways. (Brandom 1994, xiii) Despite his professed pragmatism, Brandom is no foe of high theory or metanarratives, and he is vastly more interested in language and theoretical reason than in the rest of human bodily activity. For Brandom, inferentially articulated discourse forms an autonomous domain of normativity, while our bodily encounters with the world in perception and in action serve as language entry and exit points respectively.. (shrink)

We discuss first a "stance" methodology toward the problem of personhood. This is to ask first, what it is to take something to be a person, and then to move via a notion of appropriateness to an answer to what it is to be a person. We argue that the distinctions between persons and non-persons, between agents and patients, and between subjects and mere objects are deeply connected. All three distinctions are themselves traced to a fundamental distinction within the space (...) of reasons -- between, that is, two sorts of material inferential propriety. These two structures of inference are made explicit by indicative and subjunctive conditionals. Tracing personhood to the fundamentally stereoscopic structure of material inference sheds light not only on notions of freedom, agency, and personhood, but on the nature of modal judgments, on the conceptual space of causation, and on the semantics of the explicitating conditionals. We conclude with a pragmatic argument for belief in persons. (shrink)

This article considers how people judge the identity of objects (e.g., how people decide that a description of an object at one time, t₀, belongs to the same object as a description of it at another time, t₁). The authors propose a causal continuer model for these judgments, based on an earlier theory by Nozick (1981). According to this model, the 2 descriptions belong to the same object if (a) the object at t₁ is among those that are causally close (...) enough to be genuine continuers of the original and (b) it is the closest of these close-enough contenders. A quantitative version of the model makes accurate predictions about judgments of which a pair of objects is identical to an original (Experiments 1 and 2). The model makes correct qualitative predictions about identity across radical disassembly (Experiment 1) as well as more ordinary transformations (Experiments 2 and 3). (shrink)

In his recent article Should Trees Have Standing? Revisited" Christopher D. Stone has effectively withdrawn his proposal that natural objects be granted legal rights, in response to criticism from the Feinberg/McCloskey camp. Stone now favors a weaker proposal that natural objects be granted what he calls legal "considerateness". I argue that Stone's retreat is both unnecessary and undesirable. I develop the notion of a "de facto" legal right and argue that species already have de facto legal rights as statutory beneficiaries (...) of the "Endangered Species Act of 1973." I conclude that granting certain nonhuman natural entities legal rights is both more important and less costly that Stone and his critics have realized, and that it is not Stone's original proposal which needs rethinking, but the concept of interests at work in the Feinberg/McCloskey position. (shrink)

This chapter looks at how Göransson's motifs emotionally move us, but also how the music “reads the mind” of Din. In conveying meaning musically, Göransson's compositions enhance our aesthetic appreciation of The Mandalorian and further our emotional investment in Din's story. The ancient Greeks included music in education because they believed it perfects our soul or nature. Aristotle mentions that another purpose of music is to provide us with pleasure from the relaxation it provides. As Din and Kuiil set out (...) on their mission riding the blurrgs, The Mandalorian theme plays in full glory – a symphonic march with trumpets carrying most of the melody and harmony along with electric and bass guitars which help drive the orchestra. In addition to the pleasure we feel from enjoying well‐ordered emotional movements of music, Aristotle mentions another kind of pleasure we can feel from music: intellectual enjoyment. (shrink)

The present study examined the effects of semantic structure on simple inductive judgments about category members. For a particular category, subjects were told that one of the species had a given property and were asked to estimate the proportion of instances in the other species that possessed the property. The results indicated that category structure—in particular, the typicality of the species—influenced subjects' judgments. These results were interpreted by models based on the following assumption: When little is known about the underlying (...) distribution of a property, subjects assume that the distribution mirrors that of better-known properties. For this reason, if subjects learn that an unknown property is possessed by a typical species, they are more likely to generalize than if the same fact had been learned about an atypical species. (shrink)

If people believe that one activity is a kind of another, they also tend to believe that the second activity is a part of the first. For example, they assert that deciding is a kind of thinking and that thinking is a part of deciding. C. Fellbaum and G. A. Miller's (see record 1991-03356-001) explanation for this phenomenon is based on the idea that people interpret part of in the domain of verbs as a type of logical entailment. Their explanation, (...) however, suffers from at least 2 deficiencies. First, it fails to account for parallel effects with nouns (e.g., a contest is a kind of an activity, and an activity is a part of a contest). Second, it contains a flaw that incorrectly predicts many activities to be parts of each other (e.g., coming is part of going and going part of coming). However, a hypothesis L. J. Rips and F. G. Conrad (see record 1989-24843-001) originally proposed for the kind–part reciprocal effect avoids both of these difficulties. (shrink)

A central aspect of people's beliefs about the mind is that mental activities—for example, thinking, reasoning, and problem solving—are interrelated, with some activities being kinds or parts of others. In common-sense psychology, reasoning is a kind of thinking and reasoning is part of problem solving. People's conceptions of these mental kinds and parts can furnish clues to the ordinary meaning of these terms and to the differences between folk and scientific psychology. In this article, we use a new technique for (...) deriving partial orders to analyze subjects' decisions about whether one mental activity is a kind or part of another. The resulting taxonomies and partonomies differ from those of common object categories in exhibiting a converse relation in this domain: One mental activity is a part of another if the second is a kind of the first. The derived taxonomies and partonomies also allow us to predict results from further experiments that examine subjects' memory for these activities, their ratings of the activities' importance, and their judgments about whether there could be "possible minds" that possess some of the activities but not others. (shrink)

This article considers the late 19th-century medical invention of the category of the homosexual in relation to homosexuality’s moment of deliverance from medicine in the 1970s, when it was removed as a category of mental aberration in the Diagnostic and Statistical Manual (DSM). With the rise of the AIDS pandemic in gay communities in the early 1980s, I argue that homosexuals were forcibly returned to the medical sphere, a process I call “the painful reunion.” Reading a collection of queer narratives (...) across the 20th century, I show that historical and contemporaneous medical events prompted the mobilization of seropositive and queer artists at century’s end to rehabilitate, revise, and offend the historiography of queer illness. Collectively, my conclusions redefine our understandings of queer theory and queer politics as distinctively 1990s projects invested in the present to ones that purposefully aim to challenge the past. (shrink)

This paper addresses the question of the existence of corporate philanthropy. It proposes a framework for analysing corporate philanthropy along the dimensions of business/society interest and primary/secondary stakeholder focus. The framework is then applied in order to understand business involvement with the arts in the U.K. A unique dataset of 60 texts which describe different firms' involvement with the Arts is analysed using formal content analysis to uncover the motivations for business involvement. Cluster analysis is then used in order to (...) identify motivational groupings. Two broad types of involvement are identified – advertisers and legitimators. Only in one case of the 60 is there the potential to observe pure altruism. The contribution of this paper is twofold. First, it provides a clear framework to understand the motivations for corporate giving and applies this using empirical data. Secondly, this research finds little evidence, if at all, of corporate philanthropy in the context of firms giving to the Arts in the U.K. (shrink)

The Origin of Concepts sets out an impressive defense of the view that children construct entirely new systems of concepts. We offer here two questions about this theory. First, why doesn't the bootstrapping process provide a pattern for translating between the old and new systems, contradicting their claimed incommensurability? Second, can the bootstrapping process properly distinguish meaning change from belief change?

RésuméQue voulait dire Wittgenstein lorsqu'ilaremarqué: «Je ne suispas un homme religieux, maisje nepuis m'empecher de voir tout problème d'un point de me religieux»? La thèse de Malcom, c'est que cette remarque pointe du doigt les analogies entre la perspective philosophique de Wittgenstein et une vision religieuse de la vie. En revanche, Winch fait valoir que la remarque de Wittgenstein peut être interprétée comme ne faisant pas référence aux problèmes exclusivement philosophiques; Wittgenstein exprimait plutôt sa propre perspective quasi religieuse sur la (...) vie et soulignait l 'importance spirituelle de la clarté philosophique. Contrairement à Malcom et Winch, jefais valoir qu'il faut plutôt considérer que cette remarque signifie en gros: «Je ne suispas religieux moi-même, mais quand je réfléchis philosophiquement à ce que cela signifie pour quelqu'un de faire face à un certain type de problemes, par exemple les dilemmes moraux et autres décisions difficiles dans la vie, il importe de reconnoître la diversité des perspectives possibles d'oú ces problèmes peuvent être vus. Ce faisant, je nepuis m'empêcher d'imaginer comment de tels problèmes apparaîtraient depuis la perspective de quelqu'un de religieux.». (shrink)

The greatest philosopher of the modern experience, G. W. F. Hegel, was deeply rooted in Plato, Aristotle, and Spinoza, and he synthesized the riches of Kantian and post-Kantian idealism. He put dynamic panentheism into play in modern theology, and in some way he inspired nearly every great philosophical idea and movement of the past two centuries. Yet no thinker is as routinely misconstrued as Hegel, partly because his greatest work, the Phenomenology of Spirit, defies categorization and is notoriously hard to (...) understand. In the mid-1790s, while Immanuel Kant was elderly and fading and J. G. Fichte was prominent for amplifying Kant’s subjective ethical idealism, a group of youthful post-Kantian .. (shrink)

My central goal in this paper is to interpret what Quine says in his Kant lectures about the norms of epistemology and the doctrinal and conceptual tasks of epistemology—the tasks, respectively, of constructing good theories and of clarifying meanings—in light of what he says about these topics in several of his earlier and later works. I argue that despite one puzzling passage in the Kant lectures that misleadingly suggests otherwise, the norms of Quine’s epistemology are exclusively doctrinal, not conceptual.