The aim of this paper is to further develop van Fraassen’s diagnosis, expanding a previous analysis of the fundamental law of classical genetics and the status of the so-called ‘Mendel’s laws’.6 According to this diagnosis the Hardy-Weinberg law: 1) cannot be considered as axiom (or fundamental law) for classical population genetics, since it is a law that describes an equilibrium that 2) holds only under certain special conditions, and 3) only determines a subclass of models, 4) whose generalized (...) form (and fundamental law) being shading off into logical vacuity, and 5) more complex variants of the fundamental law (and of the Hardy-Weinberg law) can be “deduced” for more realistic assumptions. In order to achieve this, I will use notions of the structuralist view of theories, a version that is related to but different from that of van Fraassen’s. These are the notions of fundamental law, specialization, and special law. Having as a background a structuralist reconstruction of classical population genetics, I will show why the Hardy-Weinberg law should not be in fact considered the fundamental law of such a theory, but a special law (and not even a “terminal” specialization, i.e. a “non-terminal” specialization). (shrink)

Much forensic inference based upon DNA evidence is made assuming Hardy-Weinberg Equilibrium (HWE) for the genetic loci being used. Several statistical tests to detect and measure deviation from HWE have been devised, and their limitations become more obvious when testing for deviation within multiallelic DNA loci. The most popular methods-Chi-square and Likelihood-ratio tests-are based on asymptotic results and cannot guarantee a good performance in the presence of low frequency genotypes. Since the parameter space dimension increases at a quadratic (...) rate on the number of alleles, some authors suggest applying sequential methods, where the multiallelic case is reformulated as a sequence of “biallelic” tests. However, in this approach it is not obvious how to assess the general evidence of the original hypothesis; nor is it clear how to establish the significance level for its acceptance/rejection. In this work, we introduce a straightforward method for the multiallelic HWE test, which overcomes the aforementioned issues of sequential methods. The core theory for the proposed method is given by the Full Bayesian Significance Test (FBST), an intuitive Bayesian approach which does not assign positive probabilities to zero measure sets when testing sharp hypotheses. We compare FBST performance to Chi-square, Likelihood-ratio and Markov chain tests, in three numerical experiments. The results suggest that FBST is a robust and high performance method for the HWE test, even in the presence of several alleles and small sample sizes. (shrink)

Statistical tests that detect and measure deviation from the Hardy-Weinberg equilibrium (HWE) have been devised but are limited when testing for deviation at multiallelic DNA loci is attempted. Here we present the full Bayesian significance test (FBST) for the HWE. This test depends neither on asymptotic results nor on the number of possible alleles for the particular locus being evaluated. The FBST is based on the computation of an evidence index in favor of the HWE hypothesis. A great (...) deal of forensic inference based on DNA evidence assumes that the HWE is valid for the genetic loci being used. We applied the FBST to genotypes obtained at several multiallelic short tandem repeat loci during routine parentage testing; the locus Penta E exemplifies those clearly in HWE while others such as D10S1214 and D19S253 do not appear to show this. (shrink)

The traditional view of evolutionary theory asserts that we can usefully understand natural selection, drift, mutation, migration, and the system of mating as forces that cause evolutionary change. Recently, Denis Walsh and Robert Brandon have objected to this view. Walsh argues that the traditional view faces a fatal dilemma and that the force analogy must be rejected altogether. Brandon accepts the force analogy but argues that drift, rather than the Hardy-Weinberg law, is the best candidate for a zero-force (...) law. Here I defend the traditional view against these objections. (shrink)

Analogies between Newtonian mechanics and evolutionary processes are powerful but not infinitely versatile tools for generating explanations of particular biological phenomena. Their explanatory range is sensitive to a preliminary decision about which processes count as background conditions and which as special forces. Here I argue that the defenders of the zero-force evolutionary law are mistaken in defending their decision as the only appropriate one. The Hardy–Weinberg principle remains a viable option that is consistent with the epistemic role of (...) Newton’s own first law, and the strengths and weaknesses of each analogy are sufficiently distinct to justify their continued coexistence. (shrink)

The Hardy–Weinberg equilibrium has been argued by Sober, Stephens and others to represent the zero-force state for evolutionary biology understood as a theory of forces. I investigate what it means for a model to involve forces, developing an explicit account by defining what the zero-force state is in a general theoretical context. I use this account to show that Hardy–Weinberg equilibrium is not the zero-force state in biology even in the contexts in which it applies, and (...) argue based on this that drift should not be understood as an evolutionary force. (shrink)

Population genetics is often taught in introductory biology classes, starting with the Hardy–Weinberg principle (HWP) and genetic drift. Here I argue that teaching these two topics first aligns neither with current expert knowledge, nor with good pedagogy. Student difficulties with mathematics in general, and probability in particular, make population genetics difficult to teach and learn. I recommend an alternative, historically inspired ordering of population genetics topics, based on progressively increasing mathematical difficulty. This progression can facilitate just‐in‐time math instruction. (...) This alternative ordering includes, but does not privilege, the HWP and genetic drift. Stochastic events whose consequences are felt within a single generation, and the deterministic accumulation of the effects of selection across multiple generations, are both taught before tackling the stochastic accumulation of the effects of accidents of sampling. (shrink)

In this paper, the structure of a southeastern Spanish population was studied for the first time with respect to its inbreeding patterns and its relationship with demographic and geographic factors. Data on consanguineous marriages from 1900 to 1969 were taken from ecclesiastic dispensations. Our results confirm that the patterns and trends of inbreeding in the study area are consistent with those previously observed in most non-Cantabrian Spanish populations. The rate of consanguineous marriages was apparently stable between 1900 and 1935 and (...) then sharply decreased since 1940, which coincides with industrialization in Spain. A marked departure from Hardy-Weinberg expectations in the ratio of first cousin to second cousin marriages in the study population was observed. The high levels of endogamy and its significant steadiness throughout the twentieth century is noteworthy. Accordingly, our results show that exogamous marriages were not only poorly represented but also that this reduced mobility suggests that the choice of a mate was preferentially local. We found higher mobility in M22 with respect to M33 cousin mating. The relationships between population size and consanguinity rates and inbreeding fit power-law distributions. A significant positive correlation was observed between inbreeding and elevation. Many Spanish populations have experienced a prolonged and considerable isolation across generations, which has led to high proportions of historical and local endogamy that is associated, in general, with high \ values. Thus, assessing genomic inbreeding using runs of homozygosity in current Spanish populations could be an additional pertinent strategy for obtaining a more refined perspective regarding the population history inferred from the extent and frequency of ROH regions. (shrink)

In this paper the author first presents a critical account of some basic views of Habermas' Discourse Philosophy. He points out some difficulties inherent in notions such as valid justification in argumentation theory, in the notion of ideal form of discourses, and in consensus theory of truth. Secondly, he focuses on Habermas' conceptions of validity, acceptance and legitimacy of law from the perspective of neo‐institutionalism. In particular, (i) the author argues that Habermas' definition of legal validity is unclear and unrealistic; (...) (ii) the author stresses the distinction between acceptance and acceptability; (iii) Habermas presupposes harmony between sovereignty and human rights postulates, but the present author takes into account the possibility of conflicts between autonomous popular decisions and human rights which must be resolved by methods of discursive democracy; (iv) criteria for acceptance of law cannot be fixed by a stipulative definition, but are in social discussion; (v) legitimacy is not an objective feature of valid law and presupposes an evaluation based on our political convictions. (shrink)

While dramatic medical "breakthroughs" routinely grab headlines, health-care providers know their daily lives center much more frequently on mundane issues that the media ignore, such as how doctors and their patients can form more trusting relationships. This anthology for health-care providers and ethics committee members focuses on just such questions. Essays are divided under headings including care at the end of life; patients, families, and health-care decisions; health law; care for severely compromised newborns; issues in transplantation, managed care, resource allocation, (...) and genetic testing; and clinical integrity and professionalism. Weinberg is a medical ethicist who teaches at Philadelphia College of Osteopathic Medicine. Annotation copyrighted by Book News Inc., Portland, OR. (shrink)

In this paper, I present a new framework supporting the claim that some elements in science play a constitutive function, with the aim of overcoming some limitations of Friedman's (2001) account. More precisely, I focus on what I consider to be the gradualism implicit in Friedman's interpretation of the constitutive a priori, that is, the fact that it seems to allow for degrees of 'constitutivity'. I tease out such gradualism by showing that the constitutive character Friedman aims to track can (...) be captured by three features - namely, quasi-axiomaticity (QA), generative potential (GP), and empirical shielding (ES) - which are exhibited to a maximal degree by the examples Friedman deploys, particularly in his analysis of Newtonian mechanics. I argue that not all varieties of 'constitutivity' can be captured by the kind of gradualism implicit in Friedman's view, although developing the gradualism itself might provide useful insights. To show this, I analyse the function of the Hardy-Weinberg principle (HWP) in population genetics in terms of its QA, GP, and ES. Whereas the HWP does not count as constitutive in classical philosophical interpretations (Sober 1984), nor does it within Friedman's framework, it does nonetheless perform a minimally constitutive function. By means of historical details and considerations on the prospects of replacing the HWP, I show that the HWP is minimally constitutive by being a counterfactual instantiation of a paradigmatically constitutive stability principle, where the latter might itself be regarded as an enabling condition for a variety of modelling practices across the sciences. (shrink)

An introductory level text designed to explain and review basic ideas concerning the role of law in society. Assuming no previous knowledge of the field, the volume examines the theoretical and empirical dimensions of law in society from political, sociological, psychological and philosophical perspectives.

In this paper I argue that when thinking about justice, political philosophers should pay more attention to social norms, not just the usual subjects of basic principles, rights, laws, and policies. I identify two widely-endorsed ideas about political philosophy that interfere with recognizing the importance of social norms—ideas I dub ‘compulsoriness’ and ‘institutionalism’—and argue for their rejection. I do this largely by focusing on questions about who can and should be an agent of justice. I argue that careful reflection on (...) these questions supports a kind of pluralism that reveals the importance of social norms, three types of which I discuss. (shrink)

This paper examines how the Barthesian difference between écrivains et écrivants can help analyse H.L.A. Hart’s Open Texture of the law. By comparing literary and judicial interpretation, one is able to better understand how lawyers, judges, and legislators can better interpret, use, and draft legislation and case law. In using concrete examples of legislation with regard to the phrase “cruel and usual”, this paper evaluates different interpretive techniques, uncovering key differences. In particular, it compares what implications the Death of the (...) Author would have on legislation that may be considered as vague, or open-ended. Could this mean the Death of the Legislator? What kind of impact may this have on a democracy’s authority? Ultimately, it is suggested that Barthe’s interpretive literary theories are undesirable when it comes to deciphering legislation. Indeed, more concrete and structured approaches are needed. (shrink)

In this study I argue that Husserl’s phenomenology is compatible with a realistic interpretation of scientific theories. That said, I distinguish between the realistic interpretation of scientific theories and scientific realism. The former holds that the theoretical terms of a scientific theory are intended to refer, and that if we have good reason to believe that a scientific theory is true then we also have good reason to believe the entities it refers to exist. Scientific realism holds that the world (...) as described by the physical sciences not only exists, it is the only world that exists—the world of everyday perceptual experience must be demoted to the status of a mere appearance. My case for the compatibility of Husserl’s phenomenology with a realistic interpretation of scientific theories is based on a distinction between scientific laws and scientific theories. I hold that Husserl’s instrumentalism, if one can call it that, is restricted to an interpretation of scientific laws; accordingly, his anti-realism is directed against the reification of ideal objects constructed in the course of the exact mathematical representation of scientific laws, not against the theoretical entities postulated in the explanation of those laws. At the end of the study I seek to allay the fear that if one adopts a realistic interpretation of scientific theories one is thereby committed to some version of scientific realism. (shrink)

Machine learning (ML) trains itself by discovering patterns of correlations that can be applied to new inputs. That is a very powerful form of generalization, but it is also very different from the sort of generalization that the west has valorized as the highest form of truth, such as universal laws in some of the sciences, or ethical principles and frameworks in moral reasoning. Machine learning’s generalizations synthesize the general and the particular in a new way, creating a multidimensional model (...) that often retains more of the complex differentiating patterns it has uncovered in the training process than the human mind can grasp. Particulars speak louder in these models than they do in traditional generalizing frameworks. This creates an odd analogy with recent movements in moral philosophy, particularly the feminist ethics of care which rejects the application of general moral frameworks in favor of caring responses to the particular needs and interests of those affected by a moral decision. This paper suggests that our current wide-spread and justified worries about ML’s inexplicability—primarily arising from its reliance on staggeringly complex patterns of particulars—may be preparing our culture more broadly for a valorizing of particulars as at least as determinative as generalizations, and that this might help further advance the importance of particulars in ideas such as those put forward by the ethics of care. (shrink)

I prefix to this paper for convenience of reference the three extant chapters of the law: K.L. III. Quae colonia hac lege deducta quodue municipium praefectura forum conciliabulum constitutum erit, qui ager intra fines eorum erit, qui termini in eo agro statuti erunt, quo in loco terminus non stabit, in eo loco is, cuius is ager erit, terminum restituendum curato, uti quod recte factum esse uolet: idque magistratus, qui in ea colonia municipio praefectura foro conciliabulo iure dicundo praeerit, facito ut (...) fiat. (shrink)

Bioethics has begun to see the revaluation of affects in medical practice, but not all of them, and not necessarily in the sense of affects as we know them. Empathy has been accepted as important for good medical practice, but only in a way that strips it of its affectivity and thus prevents other affects, like sympathy, from being accepted. As part of a larger project that aims at revaluing the importance of affectivity in medical practice, the purpose of this (...) paper is to develop a clinical sympathy that can serve as a trainable skill for medical professionals. While everyday sympathy may be problematic as a professional skill for physicians, this does not imply that sympathy should be entirely rejected. As a natural part of our moral psychology, sympathy is an intersubjective affect that aids in our interactions with others and our decision-making abilities. I present here a theory of clinical sympathy as an affective response to patients, in which physicians are both attuned to their affective response and understand how their affects are influencing their beliefs and judgments. In this way, clinical sympathy serves as a trainable skill that can aid physicians in their interactions with their patients. (shrink)

Medical professionals seem to interpret their uses of humor very differently from those outside the medical profession. Nurses and physicians argue that humor is necessary for them to do their jobs well. Many (potential) patients are horrified that they could one day be the butt of their physician’s jokes. The purpose of this paper is to encourage the respectful use of humor in clinical prac-tice, so as to support its importance in medical practice, while simultaneously protecting against its potential abuse. (...) I begin by examining two extremes of supporting or chastising the use of medical humor. I look at these views through the lenses of popular theories of humor to help explain their theoretical bases. In this second section, I explain the emotional aspect of humor as an embodied and embedded transformation of the world. This clarifies the role that humor plays in our daily lives, as well as why the ethical or unethical nature of its use is dependent on context. Third, I address the potential problems in the relationship between humor and clinical sympathy, and how this further affects the relationship between medical professionals and their patients. I conclude by arguing that humor can conflict with clinical sympathy, but this need not be the case. If medical professionals actively engage with clinical sympathy and focus on using humor in a way that is respectful towards their patients, then humor can continue to be a positive force in their lives while still providing the best care for their patients. (shrink)

This paper describes the construction of the visual space of surveillance by the global anti-doping apparatus, it is a space inhabited daily by professional cyclists. Two principal mechanisms of this apparatus will be discussed—the Whereabouts System and the Biological Passport; in order to illustrate how this space is constructed and how it visualises the invisible act of doping. These mechanisms act to supervise and govern the professional cyclist and work to classify them as either clean or dirty in terms of (...) the use of prohibited doping substances or methods. Contrary to the analysis of liberal anti-doping scholars such as Hanstad, Loland and Møller this paper argues that Foucault’s Panopticon paradigm is a useful tool for the analysis of this apparatus. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclist’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclists’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping. (shrink)

En philosophie du droit, on a coutume d’opposer juspositivisme et jusnaturalisme et de placer Jeremy Bentham dans la première catégorie. Plusieurs auteurs tiennent même Bentham pour le père du juspositivisme. Je prétends pour ma part que cette façon de classer Bentham est inadéquate et nécessite une importante mise au point. S’il est vrai que Bentham était un adversaire des doctrines du droit naturel, il ne s’ensuit pas pour autant qu’il appartient au positivisme juridique; et les raisons qui pourraient justifier le (...) classement de Bentham parmi les juspositivistes militent aussi pour son association au jusnaturalisme. Que faut-il entendre exactement par « positivisme juridique », et en quel sens Bentham y adhère-t-il? C’est à cette double question que le présent article est consacré. (shrink)

There are important studies that have directly focused on how, in times of conflict, it is possible for previously law abiding people to commit the most atrocious acts of cruelty and violence. The work of Erich Fromm, Hannah Arendt, Zygmunt Bauman and Ernest Becker have all contemplated the driving force of aggression and mass violence to further our understanding of how people are capable of engaging in extreme forms of cruelty and violence. This paper specifically addresses these issues by focusing (...) on C. P. Taylor’s play Good. This provocative play examines how a seemingly ‘good’ and intelligent university professor can gradually become caught up in the workings of the Third Reich. Taylor highlights the importance of appreciating how people can be steadily incorporated into an ideologically destructive system. I argue that the theatre is a powerful medium to explore these complex issues. The audience of Good find themselves confronted with the following question—‘What would you have done?’. (shrink)

The rediscovery in the fifteenth century of Lucretius's De rerum natura was a challenge to received ideas. The poem offered a vision of the creation of the universe, the origins and goals of human life, and the formation of the state, all without reference to divine intervention. It has been hailed in Stephen Greenblatt's best-selling book, The Swerve, as the poem that invented modernity. But how modern did early modern readers want to become? From Lucretius' contemporary audience to the European (...) Enlightenment, this collection of essays offers a series of case studies which demonstrates the sophisticated ways in which some readers might relate the poem to received ideas, assimilating Lucretius to theories of natural law and even natural theology, while others were at once attracted to Lucretius's subversiveness and driven to dissociate themselves from him. (shrink)

For those too few of us who carry a flame for an idea or shape of community and if necessary law to come Deleuze provides us with some useful signposts and overall a working toolbox with which to tackle both the micro and macro of our daily encounters. The whole package of Deleuzian machines and assemblages can be taken up as an abstract discourse which too outsiders might appear devoid of any linkage to reality. The whole notion of Deleuzian lawyers (...) is one that can easily raise a chuckle, but nevertheless some of us seem to persevere with playing with the law with this toolbox. (shrink)

Public health ethics is emerging as a new field of inquiry, distinct not only from public health law, but also from traditional medical ethics and research ethics. Public health professional and scholarly attention is focusing on ways that ethical analysis and a new public health code of ethics can be a resource for health professionals working in the field. This article provides a preliminary exploration of the ethical issues faced by public health professionals in day-to-day practice and of the type (...) of ethics education and support they believe may be helpful. (shrink)

Making Worlds brings together thirty-one distinguished feminist activists, artists, and scholars to address a series of questions that resonate with increasing urgency in our current global environment: How is space imagined, represented, arranged, and distributed? What are the lived consequences of these configurations? And how are these questions affected by gender and other socially constructed categories of "difference"—race, ethnicity, sexuality, class, nationality? How are the symbolic formations of place and space marked by cultural ideologies that carry across into the places (...) and spaces we inhabit, the boundaries and institutions we maintain? In recent years these questions have occasioned intensifying debates, but they have seldom extended beyond the boundaries of individual academic disciplines or crossed the divide that has traditionally separated the academy from the "outside" world. Making Worlds both questions and traverses those divisions by combining personal essays, activist political rhetoric, oral history, poetry, iconography, and performance art with interdisciplinary academic discourses. Representing a wide range of perspectives, Making Worlds develops a provocative conversation about gender and spatiality in the interwoven symbolic and material environments we create. The contributors engage such issues as the body as site of symbolic action, fabrication, and desire; the place and play of sexualities; the cultural implications of everyday life—home, travel, work, childbirth, food, disease, and death; technology and mass media; surveillance, confinement, and the law; the dynamics of race and ethnicity; imperialism, oppression, and resistance; the politics of urban spaces; landscape and cultural memory; the experience of time; and the nature of "Nature." For students and scholars in cultural studies, geography, literary criticism, anthropology, history, and women's studies, it offers new ways of thinking about space, place, and the spatial contexts of social thought and action. (shrink)

The issue of public health ethics has received much attention in recent years and is seen as a new field, distinct from medical ethics. Faculty from the University of Virginia, Johns Hopkins School of Public Health, Georgetown University, the University of Minnesota, and others received a grant from the Greenwall Foundation to examine this new field of public health ethics and identify the unique principles that distinguish it from the study of medical ethics. In the course of that study, which (...) included exploring the field with public health practitioners, a number of distinguishing ethical principles emerged. The moral principles appropriate for public health officials included producing benefits; avoiding, preventing and removing harms; producing a maximum balance of benefits over harms; and distributing benefits and burdens fairly. (shrink)

In their 2010 book, Biology’s First Law, D. McShea and R. Brandon present a principle that they call ‘‘ZFEL,’’ the zero force evolutionary law. ZFEL says (roughly) that when there are no evolutionary forces acting on a population, the population’s complexity (i.e., how diverse its member organisms are) will increase. Here we develop criticisms of ZFEL and describe a different law of evolution; it says that diversity and complexity do not change when there are no evolutionary causes.