This excellent book is about Western morality as it interacts with law. It is not contrasting the moral foundations of American law with other value systems. Rather the authors examine the history and great diversity of Western thought, the substance of moral ideas. They range from the ancients to the new old order of the New World. Hazard and Pinto see the various voices articulating moral, political and legal thought as "pregnant with future relevance" for practical decision-making. Thus their approach (...) is not relativistic, but mindful of alternatives and historical context. Hazard and Pinto have written a most thoughtful and stimulating study. -- Gerhard Casper, Professor of Law, Emeritus and President Emeritus, Stanford U. *** Beginning with the reality and challenge of modern Supreme Court confirmation hearings, Hazard and Pinto demonstrate the relationships and differences among law, morals, and politics. Hazard, a legal ethicist and scholar, and Pinto, a biblical historian, are a unique team. Their succinct and vital work draws from the wisdom of the ancients and the evolution of modern thought. Anyone concerned with the living law must understand its moral roots to sense when the old growth should be pruned and the new nurtured in light of evolving principles of liberty, equality, and morality. -- Michael Traynor, President Emeritus, American Law Institute *** In this concise meditation on the relationship between law and morality, one of our leading thinkers on law and the legal profession, himself the embodiment of Aristotelian "practical wisdom", takes us on a most engaging tour of our intellectual and moral heritage, helping us to understand the moral foundations of our modern legal system and the language of the law. I commend this book to any interested reader and particularly to non-lawyers who may not have considered how deeply and mysteriously intertwined our legal rules are with religious belief and historical origins. -- David F. Levi, Dean and Professor of Law, Duke U. School of Law *** This is an unstuffy and lively account of fundamental values in American, and indeed Western, public and civic life. The whole historical background is presented both clearly and comprehensively. This attractively succinct book deserves to be read by all who are interested in our public life. The writing is so incisive and compelling that I read this book in a single sitting. -- Neil H. Andrews, Professor of Civil Justice and Private Law, U. of Cambridge. (shrink)

When environmental health researchers study hazards in the home, they often discover information that may be relevant to protecting the health and safety of the research subjects and occupants. This article describes the ethical and legal basis for a duty to warn research subjects and occupants about hazards in the home and explores the extent of this duty. Investigators should inform research subjects and occupants about the results of tests conducted as part of the research protocol only if the information (...) is likely to be accurate, reliable, and medically useful. Investigators should warn subjects and occupants about hazards they happen to discover while they are in the home, if a reasonable person would warn the subjects and occupants about those hazards. Investigators should not report illegal hazards discovered in the home to the authorities, unless those hazards constitute abuse or neglect of children or mentally disabled people living in the home. When investigators decide to warn research subjects and occupants about hazards in the home, they should take some steps to help them make effective use of this information, such as providing additional counselling or making a referral for remediation or medical treatment. Investigators should discuss these issues with research subjects during the informed consent process. (shrink)

The annual production of hazardous wastes which was less than 10 million metric tonnes in the 1940s is now in excess of 320 million metric tonnes. These wastes are, in the main, by-products of industrial processes that have contributed significantly to the economic development of many countries which, in turn, has led to lifestyles that also generate hazardous wastes. The phenomenal increase in the generation of hazardous wastes coupled with various barriers to local disposal has led to (...) the thriving international trade in these environmentally hazardous substances. This paper examines the nature of the international trade in hazardous wastes and the ethical issues associated with such business activity. (shrink)

One specific instantiation of the storm-and-stress view of adolescence is the idea that “normal” adolescence involves high-risk substance use behaviors. However, although uptake of some substance use behaviors is more common during adolescence than other life stages, it is clear that not all adolescents engage in risky substance use—and among those who do, there is much variation in emotional, behavioral, and contextual precursors of this behavior. One such set of predictors forms the internalizing pathway to substance use disorder, whereby internalizing (...) symptoms in childhood such as negative affect and anxiety set off a chain of consequences culminating in high-risk substance use in late adolescence. However, findings linking internalizing symptoms to substance use are mixed, and it is clear that this link varies across adolescents and contexts. One heretofore unanswered question is whether and how geographic location, specifically whether the adolescent lives in an urban or rural location, moderates this link. The current report is a secondary analysis of data from the Longitudinal Study of Australian Children, in which we examined the link between internalizing symptoms in childhood and initiation of substance use through age 19. Using a multiple event process survival mixture model, we identified three trajectories of substance use initiation in adolescence: one characterized by near-complete abstinence until late adolescence, another by earlier initiation of alcohol, nicotine, and cannabis, and another by early initiation of these substances and later initiation of more hazardous drugs such as cocaine and methamphetamine. Although childhood externalizing symptoms increased the risk of being in the second or third class, internalizing symptoms decreased risk when rural and non-rural adolescents were considered together. Few effects of rurality were found, but the negative relationship between internalizing at age 10 and high-risk substance use was only observed among non-rural adolescents. This finding, which was inconsistent with our initial predictions that rurality might confer higher risk for substance use, instead suggests a potentially protective effect of internalizing symptoms for engagement in risky substance use which may differ based on an adolescent’s geographical context. (shrink)

The nanotechnologies and nanomaterials sector is a huge and growing industry. The amount of legislation already in place and still to be produced in order to regulate it will be very substantial. What process is used to produce such regulation? The answer is that very diverse regulatory approaches are and will be used. The approach taken by the European Commission diverges from the one taken by the European Parliament. Moreover, at national level, Member States add their own contribution to the (...) process. This article attempts to describe the landscape and various regulatory actions that have been undertaken by all these actors in the European Union. It first describes the role played by the European Commission and Parliament. It then looks at specific regulatory initiatives from a more sectoral perspective: Cosmetics, Food information, Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment, Waste Electrical and Electronic Equipment and Biocides. The third part of the paper describes some major national initiatives, in particular those concerning the establishment of reporting systems for nanomaterials, mixtures, articles and consumer products containing them, as an example of how to improve the current governance in the EU and to prevent the risks to human health and the environment. The fourth part gives the perspective of the European Trade Union Confederation. Finally it presents some conclusions and policy recommendations, taking into consideration the diversity of regulatory approaches. (shrink)

Quantitative risk assessment suffers from a variety of problems--some internal and others external. Dale Hattis proposes that the problems of risk assessment can be cured by the development of risk assessment theory. I agree that theory can help address some of the internal problems, such as the failure to date to take the interaction of hazardous substances with other substances in the environment into account. I argue that the external problems such as the manipulation of inherent uncertainties (...) by the politically and socially interested, however, are less amenable to rectification by theory and require political solutions. (shrink)

This paper presents a framework for exploring the temporal and behavioral aspects of the responses of various involved parties that may lead to governmental intervention in situations involving exposure of the public to hazardous substances. The activities of key individuals are closely scrutinized. Relevance of the framework to agricultural and food concerns is also indicated. The exemplary case is the contamination of livestock in Michigan that began in 1973, but other cases are discussed that conform closely to the (...) pattern described by the framework. (shrink)

The relevance of the research is the intensity of noise emitted by lorries depends on the regime of the vehicle movement. One of the main negative factors caused by road vehicles is air pollution with exhaust gases. The article presents results for noise caused by lorries and gas usage while the vehicle is accelerating. The subject of the study is 4 lorries, and they also feature fuel recording systems which are less than 5 years old. Research methodology. The level of (...) noise emitted by heavyweight transport vehicles is measured according to Lithuanian standard LST ISO 1996-2:2008 requirements. During the tests the noise levels of L A,eq, L C,eq, L C,peak were measured. The tests were done 5 times each and the results are presented as arithmetical averages. Fuel consumption is registered in vehicle data registration system. The researched vehicles have to comply with environmental safety normative requirements; that the vehicle carbon monoxide, particulate matter, nitrogen oxides, unburned fuel and other hazardous substances contained in the combustion gases must not exceed the prescribed limits. The results of the experimental studies show that EURO6 lorries noise level is the lowest compared to the EURO4 and EURO5. After carrying out the analysis of the caused noise and gas usage, it was found that noise pollution and gas usage are higher without speed control system. The noise caused by lorries can be described in square polynomial which defines the noise inclination change while vehicle is accelerating. Scientific novelty of the research a complex research on noise and fuel consumption of lorries by using and not using speed control system. Research idea and problem is to achieve sustainable transport development objectives, in particular the reduction of greenhouse gas emissions under the Kyoto Protocol. It is very important to find ways to forecast and reduce transport noise pollution, while also reducing overall pollution, as well as mitigating the impact on the global climate., Conclusion – after conducting a lorry noise and fuel consumption analysis, it was determined that not using speed control system increases the noise and fuel consumption and if the system is used both of these factors decrease drastically. (shrink)

In present day’s sustainable agriculture is relatively a new area which required more attention by scientist/researchers and this one treated as basic need of human survival. In past decades, sustainable agriculture meets environmental and economic goals simultaneously, that’s why this field has received widespread interest. Green Chemistry is described as the ‘‘design of chemical products and processes to eliminate or reduce the use and generation of hazardous substances. Green chemistry mainly based on 12 principles and plays a very (...) important role in environmental protection. For human development sustainable agriculture and green chemistry both are essential. This article discussed 12 proposed principles of sustainable agriculture inspired by existing 12 principles of Green Chemistry. (shrink)

When government actors seek to restrict the sale of hazardous substances, industry actors tend to intervene, deploying coordinated strategies aimed at delaying, preventing or weakening attempts to regulate their products. In many cases, this has involved deliberate efforts to obfuscate science, mislead the public and manipulate political actors in order to ensure desired policy outcomes. Strategies of regulatory obstructionism have resulted in the prolonged dispersal of harmful chemical substances with tangible impacts on public health. This article proposes (...) that this behavior should be interpreted as a form of violence. Examining the regulatory histories of lead, benzene, asbestos and PCBs, the article demonstrates how regulatory obstructionism and violence have become intractable characteristics of the chemical industry. (shrink)

Corporate fetal protection policies are designed to protect unborn children from exposure to harmful substances in the workplace. In recent years, a number of corporations have instituted fetal protection policies which excluded all fertile female employees from jobs which exposed them to hazardous substances. Critics argued that these policies discriminated against women, and several lawsuits were filed.The United States Supreme Court recently decided a case involving the fetal protection policy of Johnson Controls, Inc. This article will analyze (...) the impact of the Supreme Court decision from a legal and ethical perspective. Practical guidelines for policies which protect the unborn and comply with the law will also be addressed. (shrink)

The repertory grid method was used to determine what terminology respondents use to distinguish between different applications of genetic engineering drawn from food- related, agricultural, and medical applications. Respondents were asked to react to fifteen applications phrased in general terms, and results compared with a second study where fifteen more specific applications were used as stimuli. Both sets of data were submitted to generalized Procrustes analysis. Applications associated with animals or human genetic material were described as causing ethical concern, being (...) unnatural, harmful, and dangerous. Those involving plants or microorganisms were described as beneficial, progressive, and necessary. The results were validated in survey research, which indicated that general applications ofgenetic engineering were perceived as either positive or negative, whereas specific applications were more highly differentiated in perceptual terms. The results imply that the public debate about genetic engineering must take due account of the complexity of public concerns. (shrink)

Radiobiology assesses the biological hazards of exposure to radioactive substances and nuclear radiation. This article explores the history of radiobiology in twentieth-century China by examining the overlapping of radium research and biophysics, from roughly the 1920s Nationalist period to the 1960s Communist period; from the foreign purchase of radium by the Rockefeller Foundation’s China Medical Board during the Republican era, to the institutional establishment of radiobiology as a subset of biophysics in the People’s Republic. Western historiography of radiobiology highlights (...) the connection between the military development of nuclear weapons and the civilian use of radiation in biology, as well as the international export of radioisotopes and nuclear reactors. Considering the exclusion of China from Western atomic diplomacy, I argue that the study of the Chinese history of bomb-making and radiobiology is necessary not just to fill an existing knowledge gap, but more importantly to elucidate the influence of the Chinese nuclear weapons program and Cold War atomic politics on Chinese life-science enterprises. Through examining the formational history of the radiobiology program in China, I hope to shed light on the implications of the atomic age for Chinese biology in the twentieth century. (shrink)

I propose in this essay to briefly describe some of the main current stakeholders who issue guidance on the ethics of human subjects research. This will be preceded by a very brief historical introduction.Prior to World War II, as far as I have been able to ascertain, there were no international efforts to regulate human experimentation. National activities were few and far between. One exception was a Directive on Human Experimentation issued in December 1900 by the then Prussian Minister of (...) Religious, Educational and Medical Mairs. This was followed by a Circular on innovative therapy and scientific experimentation promulgated by the then Reich Minister of the Interior in February 1931. Just over five years later, in April 1936, the Bureau of the Medico-Scientific Council of the People’s Commissariat for Health of the Russian Socialist Federated Soviet Republic, the main constituent Republic of the then Union of Soviet Socialist Republics, issued an Advisory Resolution on the procedures for testing new medicinal substances and methods which may present a hazard for the health and life of patients. (shrink)

Risk assessment is an evidence-based analytical framework used to evaluate research findings related to environmental and public health decision-making. Different routines have been adopted for assessing the potential risks posed by substances and products to human health. In general, the traditional paradigm is a hazard-driven approach, based on a monocausal toxicological perspective. Questions have been raised about the applicability of the general chemical risk assessment approach in the specific case of nanomaterials. Most scientists and stakeholders assume that the current (...) standard methods are in principle suitable, but point out that experimental aspects and practical guidelines need specific adaptations. Beyond this laboratory level, risk assessment of nanomaterials also faces a number of substantive and procedural limitations, which are intrinsically attributed to the general orthodoxy of the risk assessment concept. Moreover, the developed formalism used to organize scientific knowledge is closely interlinked with the underlying governance design and the mode of interaction between the two spheres of ‘science’ and ‘decisions’. This contribution will provide a closer look at the evolution of different institutional settings for risk assessment in the context of decision-making. Improved risk governance frameworks with different narratives, process designs and procedural elements will be compared. The question of a general principle of enhanced organization of risk assessment will be discussed taking account of the barriers of substantive and procedural limitations in the special case of nanomaterials. (shrink)

Between the zone of certainty beyond all doubt and the zone of incomprehensible uncertainty, the sources of which are nothing but chance, we need to use solid results from a vast interdisciplinarity. We wish to give here a sense of the factors in play and the state of the debate and advance in the territory of how interdisciplinarity may help to solve problems which are common in many areas of knowledge. Chaos and complexity certainly put limits on what we can (...) know. High complexity, asymmetry and/or non-linearity are universal types of imprecision. Can hazard have purpose and direction?The idea is that the more effort we put into project design to cover as many details and possible consequences as possible we can grasp in our in-depth analysis aiming to create the project (in art or science or society), the greater the chances that the random occurrence of the unpredictable event will settle on the project's purpose and direction and not on contrary to them. There is no vicious circle here. This kind of method can explain many good results already obtained in such circumstances. Simplicity, beauty, rationalistic optimism, are features of unshakeable scientific results We may call this feature of scientific theory or art _uniqueness. _Uniqueness is strongly correlated with _essentialization. _Science is working in that sense: to simplify a phenomenon to its essence in order to study it easily without losing anything important in the analysis. That is _essentialization. _Why and how complex systems move to the edge of chaos? And what do they do to stay there? They are in constant struggle to create or keep order in complexity. That is the pattern of self-organization, the specific feature of human nature. That is why our action is meant to build resilience to deal better with unpredictable events and prevent the emergence of a critical threshold. Uncertainty, indeterminacy, randomness, and contradictions appear, not as non-essential substances of debate to be eliminated by explanation, but as everlasting ingredients of our conception of reality. There are compelling reasons to believe that it is impossible to make accurate, nontrivial predictions concerning human behavior. Logic and reason are and remain priority, but unpredictability forces us to imagination and creative thinking. Indeed we are confronted with a new human landscape. The anomalies become the new normal. (shrink)

ObjectivesThis study examined the association between childhood adversity and cognitive impairment in later life and explored the potential moderation effect of gender and race.MethodsThe study sample included 15,133 participants of the Health and Retirement Study who had complete data on key study measures and were more than 50. The outcome variable is a dichotomous indicator of cognitive impairment as assessed by the Telephone Interview for Cognitive Status for self-respondents and the 16-item Informant Questionnaire on Cognitive Decline in the Elderly for (...) proxies. A total of six childhood adversity indicators included grade retention, parental substance abuse, physical abuse, trouble with the police, moving due to financial hardship, and receipt of help due to financial hardship in early life. The estimation of the association between childhood adversity and cognitive impairment involved Cox proportional hazards regression. Results: Grade retention had the largest effect on incident cognitive impairment, followed by physical abuse by a parent. The impact of grade retention was more detrimental to women than men. Parental substance abuse was associated with a lower risk of incident cognitive impairment for most racial groups, but this association was reversed in “non-Hispanic other” race, consisting mainly of Asians.DiscussionSome aspects of childhood adversity continue to harm cognitive functioning in later life, while some events may have the opposite effect, with evidence of heterogeneity across gender and race. (shrink)

We examine the ethical, social, and regulatory barriers that may hinder research on therapeutic potential of certain controversial controlled substances like marijuana, heroin, or ketamine. Hazards for individuals and society and potential adverse effects on communities may be good reasons for limiting access and justify careful monitoring of these substances. Overly strict regulations, fear of legal consequences, stigma associated with abuse and populations using illicit drugs, and lack of funding may, however, limit research on their considerable therapeutic potential. (...) We review the surprisingly sparse literature and address the particular ethical concerns pertinent to research with illicit and addictive substances, such as undue inducement, informed consent, therapeutic misconception, and risk to participants, researchers, and institutions. We consider the perspectives of key research stakeholders and explore whether they may be infected with bias. We conclude by proposing an empirical research agenda to provide an evidentiary basis for ethical reasoning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 337 Quodlibetal Questions. By WILLIAM OF OcKHAM. Vol. 1 trans. Alfred J. Freddoso and Francis E. Kelley; vol. 2 trans. Alfred J. Freddoso ; pref. Norman Kretzmann. Vol. l of the Yale Library of Medieval Philosophy. New Haven and London: Yale University Press, 1991. Pp. 391 and 305. $100.00 for both (cloth). In these handsome volumes, Professor Alfred J. Freddoso and the late Professor Frank E. Kelley (...) have provided the scholarly community with an English translation of William of Ockham's Quodlibeta septem (hereafter QS). The volumes constitute the first volume in the new Yale Library of Medieval Philosophy, and both the new series and this first contribution within it will add generously to the growing num· her of medieval philosophical texts available in English. Using the critical edition of Ockham's Latin text established by the Rev. Joseph C. Wey (Opera theologica, vol. 9, Franciscan Institute: St. Bonaventure, NY, 1980) as the basis for their work, the translators offer to readers of English an accurate translation of one of Ockham's mature theological works, treating a wide variety of philosophical and theological topics. Indeed, thanks to their efforts, the broad range of Ockham's thought in natural and revealed theology, ontology, epistemology, and ethics becomes available in English for the first time. The purpose of the Yale series is to translate into English " complete works of philosophical and historical importance". In deciding which work of Ockham to translate for the series, the translators faced two potential hazards: the danger of translating one of Ockham's earlier works that might contain ideas which he subsequently reconsidered; and the danger of translating a work that focused upon a narrow range of topics, something which would give readers the false impression that Ockham's philosophy was concerned only with those topics. The translators have adroitly managed to avoid both of these potential hazards. The translators certainly steered clear of the first hazard by deciding to translate Ockham's QS. These quodlibetal questions are believed to represent the substance of disputations Ockham held at the Franciscan studium in London during the years 1322-1324, although the final written form of the work probably was not established until 1325 or shortly thereafter at Avignon. Hence the QS represent to a large extent Ockham's final word on the topics discussed, since in the period after 1325 up until the time of his death in 1347 Ockham was too heavily embroiled in ecclesiological and political controversies in Avignon and Munich to give much consideration to more speculative concerns. Yet the translators also avoided the second hazard by choos- 338 BOOK REVIEWS ing to translate the QS. True, the QS is akin to numerous other medieval quodlibetal questions in that it treats an array of questions; hut, in the case of Ockham's work, the range of topics is so broad and the issues broached therein so fundamental to his personal thought that one has, in effect, a compendium of Ockham's major philosophical and theological ideas. A brief glance at the table of questions indicates the breadth of the questions and their relevance to perennial philosophical discussions. In the area of philosophical theology, Ockham asks whether it can be proved by natural reason that there is only one God; whether it can be proved by natural reason that God's power is infinite; whether God could have made the world from eternity. In regard to ethical theory, Ockham asks whether the exterior act has its own proper moral goodness, and whether there can be a demonstrative science about morals. In fields of epistemology and the philosophy of mind, Ockham asks whether the human intellect knows its own acts intuitively in this life; whether it knows sensible things intuitively; and whether there can be an intuitive cognition of a non-existent object. Closer to the area of logic and semantics, Ockham raises several questions about the status of propositions and their components: whether a mental proposition is composed of things or concepts; whether mental names are divided into concrete and abstract names in the manner of spoken names; whether the object of a definition is an extra-mental reality or a concept. Finally, readers... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Deep Listening and Virtuous Friendship:Spiritual Care in the Context of Religious MultiplicityDuane R. BidwellA monk asked Zen master Yunmen: “What is the teaching of the Buddha’s entire lifetime?” Yunmen answered:“An appropriate response.”1In a pivotal scene from the 1988 film A Fish Called Wanda, con artist Wanda Gershwitz is fed up—finally—with her partner, Otto West. When his jealousy and ersatz intellectualism repeatedly jeopardize their attempts to steal $20 million in (...) diamonds, Wanda yells: “Now let me correct you on a few things, okay? Aristotle was not Belgian. The central message of Buddhism is not ‘Every Man for Himself.’ And the London Underground is not a political movement. Those are all mistakes, Otto, I looked them up.”2 It’s a funny moment, of course. But Otto’s (mis)understanding of Gautama’s teaching demonstrates a challenge in translating a spiritual-religious tradition from one cultural setting to another. Too often, and usually without intention, we are like Otto; we colonize and domesticate unfamiliar ideas, assimilating them into our existing worldview instead of experiencing and accommodating their challenging differences. Otto’s facile appropriation of Buddhism confirms rather than confronts his pre-critical, individualistic, and perhaps Darwinist worldview. A Buddhist caregiver might say that Otto was not “listening deeply” to the myriad voices that shaped his perspective.Similar hazards face someone writing about deep listening in relation to religious multiplicity.3 Deep listening, as a caring practice, “belongs” to the emerging field of Buddhist contemplative care,4 in which it has a technical (although perhaps undertheorized) usage richly informed by Buddhist thought and practice. But when I reflect as a pastoral theologian and spiritual caregiver trained in the Christian traditions of cura animarum, the cure or care of souls, deep listening can become unmoored from its origins. Someone marinated in the discourses and practices of Christian care can easily and perhaps unintentionally conflate deep listening with classic Christian [End Page 3] concepts of care such as the ministry of presence, the practice of unconditional positive regard,5 and the giving of oneself to God for the sake of the care seeker. Although I identify as a Buddhist Christian, habitual Christian views shape my thinking the way a canyon or streambed shapes the flow of water; unless I am attentive to the ways that Buddhist thought and practice seek fissures and carve new channels through the sediment of Christian spiritual care, I risk appropriating or erasing the practices that Buddhist caregivers call deep listening.Mindful of these waters, I want to immerse myself and readers in a particular question: In the context of spiritual care, what happens at the confluence of deep listening and a practitioner’s multiple religious voices? In responding to this question I have three aims: to describe deep listening, to provide a theoretical and experiential account of deep listening in the context of religious multiplicity, and to suggest an image from the Pāli canon that can help practitioners engage religious multiplicity in ways that minimize harm, increase compassion, and realize wisdom. A particular moment in spiritually integrative psychotherapy serves as a touchstone for my reflection; thus, I begin where the canyon creates a slender and fast-moving channel for deep listening: psychotherapy with Julie.6violence, karma, and compassionAt twenty-seven years of age, Julie was a soft-spoken, biracial graduate student who radiated mindful presence. She identifies as Asian American, and with her shaved head and tendency to wear dark colors and dramatic scarves, she might seem a typical LA hipster to other passengers on the commuter train she rode to and from our appointments. One year before our psychotherapeutic work, Julie had been beaten and raped by a boyfriend; subsequent thoughts of suicide led to a brief hospitalization. At that time she was assigned diagnoses of bipolar II and post-traumatic stress disorders. Daily, she swallowed a powerful mood stabilizer; monthly, she visited a psychiatrist. The symptoms of bipolar disorder, substance abuse, addiction, schizophrenia, depression, and suicide were present in her extended family. Julie sought counseling because of tension between what she called her “Buddhist identity” and the mental health diagnoses assigned to her. She said she... (shrink)

Strongly grounded in scientific knowledge, the instrument known as occupational exposure limits or threshold limit values has changed government modalities of exposure to hazardous chemicals in workplaces, transforming both the substance of the problem at hand and the power dynamics between the actors involved. Some of the characteristics of this instrument favor the interests of industries at the expense of employees, their representatives, and the authorities in charge of regulating these risks. First, this instrument can be analyzed as a (...) boundary object that has very different uses in space and time. In particular, it is increasingly masking its industrial origins to appear as an instrument that is almost exclusively based on scientific rationale. In the case of asbestos and its substitutes, the use of an instrument relying on scientific expertise generates a specific temporality of implementation that allows manufacturers to take advantage of periods during which regulations are either nonexistent or very loose. Finally, the choice of a technoscientific definition of the issues contributes to shifting the negotiations to a field where companies are in a position of strength and their opponents are weakened. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bookmarks Raman Selden's A Reader's Guide to Contemporary Literary Theory is now published in the United States by the University Press of Kentucky ($17.00 cloth, $7.00 paper). It is a discerning introduction for students (and anyone else) to the current state of "theory"—a word which in this context seems for the present to have lost its neutral sense. Given the tendentious climate of literary studies, Selden's book is all (...) the more remarkable for its sober, equable attitude. Whether he is describing Russian formalism, Lacan, the Frankfurt School, reader-response theory, or Gerald Prince's "narratee," he is always a fair guide, generous without descending to the breathlessness "theory" so often incites. While I miss a detailed or persuasive account ofArnoldian, New Critical, or Leavisite criticism to serve as a foil for his discussion of poststructuralism, Seiden does nevertheless usually give some idea of what or who the enemy is for each of his theorists. Selden's quotations are well chosen, and he is adroit in elucidating the internal problems of theories, as, for example, when he says that Cixous's approach runs the risk of "driving women into an obscure unconscious retreat where silence reigns interrupted only by uterine 'babble.' " This is a danger, according to Seiden, well understood by Kristeva, who views women writers as "caught." He makes the point by citing Kristeva. "On the one hand," he says, "as writers they inevitably collude with [what Kristeva describes as] 'phallic dominance, associated with the privileged father-daughter relationship, which gives rise to the tendency towards mastery, science, philosophy, professorships, etc....' " On the other hand, Kristeva continues, "we flee everything considered 'phallic' to find refuge in the valorisation of the silent underwater body, thus abdicating any entry into history." Raman Seiden does not attempt to dazzle, but there is substance for thought on almost every one of the 146 pages in his book. Far weightier are two literary theory anthologies which have come our way. Hazard Adams and Leroy Searle have edited Critical Theory Since 1965 (Florida State University Press, $29.95 paper). It resembles a telephone book and widi two-column pages it packs a lot in. The book begins with Stanley Cavell's 325 326Philosophy and Literature splendid essay "Aesthetic Problems of Modern Philosophy," and continues with Chomsky, John Searle, Kermode, Derrida and his American followers, Ingarden, Foucault,Jauss, Frye (a figure Seiden has chosen to ignore), Girard, Cixous and various feminists, Culler, Abrams—and on it goes. It was a pleasant surprise to find Clifford Geertz's "Blurred Genres" here; curiously missing is any contribution from Richard Rorty. And though the tide says the material starts in '65, Adams and Searle actually take us back farther. The main text ends with Said on page 622, but we are dien given a 233-page appendix—an anthology in itself—which begins with Frege and Peirce and goes through selections from various linguists and philosophers from Saussure, Bakhtin, and Whorf, to Heidegger on Hölderlin, Wittgenstein, Gadamer, and Lacan. Adams and Searle have contributed good introductions for each author, as well as a wide-ranging general introduction (Adams) and an afterword (Searle). In the last paragraph of his opening remarks, Adams says, "The theme of poststructuralism in its deconstructive phase is that poems resist interpretation. Demonstration of how this is so has been important (though not as new as some have thought), but repeated demonstration of this has already eventuated in its own form of reduction and thematization. Every text submitted to deconstruction considered as a critical method will yield the same theme, which may be true enough but remains only that story: the allegory of uninterpretability. It quickly becomes a repetition of the older formalist discovery that every text is about itself. It is no wonder that there has been a stirring—not so much a resistance to deconstruction (there has been that too, of course)—that expresses a desire to go beyond it. There has even been the idea of returning to Kant and trying again." Critical Theory Since 1965 is a big, useful book. On the somewhat more trim and basic side is Twentieth-Century Literary Theory: An Introductory Anthology... (shrink)

The argument moves through three stages. In the first, the case is made for accepting ‘living is semiotic engagement’ as ‘a foundational statement for a postfoundational age’. This requires a thoroughgoing rejection of mind-body substance dualism, and a problematisation of humanism. In the second, the hazardous endeavour of applying the above perspective to social policy begins with a consideration of the sine qua non(s) underpinning such an application. These are posited as unpredictability of outcomes and blurring of the human/non-human (...) boundary. In the third stage, the case is developed for a policy orientation that is both liberal-pragmatic (with some caveats relating to ‘liberal’) and post-humanist, and the paper concludes with some speculation concerning the precise policy outcomes of such an orientation. (shrink)

ABSTRACT Persons injured as a result of exposure to toxic or carcinogenic substances are seldom able to recover damages from those who are responsible for the exposure. Tort law requires proof of causation, and causation is often unprovable because of long latency periods, because of the relative infrequency of the injuries and because many of the injuries among the exposed population are the result of other factors. A number of proposals for modifying the legal causation requirement to allow those (...) who create hazardous risks to be held liable for the injuries that materialise are considered and found inadequate. A proposal to treat risk exposure itself as an injury for which compensation under private law is possible is also considered and ultimately found incoherent. The paper concludes by arguing for a public law solution, modelled on criminal law, but providing compensation for victims. (shrink)

This paper presents an analysis of the issue that as yet not been extensively researched in the doctrine of Lithuanian and foreign law: the issue of legal distinguishing between medicinal products and food supplements. In order to analyze the problems of theory and practice, the structure of the paper is divided into two parts. The first part concentrates on the main features of medicinal products and food supplements in accordance with the case law of the Court of Justice of the (...) European Union (CJEU). It is established that medicinal products must comply with one of these descriptions: be made and aimed towards healing and preventing sicknesses; cause serious threats to health or have health-hazardous secondary effects; and have very intense effects on physiological features of human organisms. Food supplements in theory should not have these features. However, sometimes in practice preparations identified as food supplements have large doses of certain medicinal substances or other ingredients (e.g. alcohol, plant extracts, vitamins, amino acids, and etc.) that present threats to human health. The practice of the CJEU shows that counterbalancing free movement and public health protection interests is problematic in this area. (shrink)

We commend the authors for their comprehensive discussion on consent and episiotomies.1 They correctly observe that informed consent for all proposed interventions in maternity care is always necessary. The claim that consent for maternity health services does not always have to be fully informed or explicit, however, is erroneous. We are especially concerned with, and surprised by, the endorsement of ‘opt-out consent’. ‘Opt-out consent’ (a.k.a. substitute decision making) is already standard practice in maternity healthcare, with obstetric violence a normalised response (...) to conclusive refusals or requests for explanations. Informed consent is based on the fundamental human rights to bodily autonomy and integrity, which healthcare providers are obliged to respect. Healthcare structured around human rights violations is not care. It is cruel and inhumane treatment—a violation of yet another fundamental human right—and a reflection of poor-quality care. To be valid, consent must always be informed, specific, timely, freely given and reversible. The provider must provide information specific to each and every proposed intervention in a timely manner. The consumer has the right to consider, freely accept or refuse before providers can act. They can also change their mind at any time. Provider attempts to substitute consumer decision-making rights constitute assault and battery. Whether the infraction was major or minor is of no consequence to human rights law. National courts create artificial …. (shrink)

Paul Hazard’s magisterial, widely influential, and beloved intellectual history offers an unforgettable account of the birth of the modern European mind in all its dynamic, inquiring, and uncertain glory. Beginning his story in the latter half of the seventeenth century, while also looking back to the Renaissance and forward to the future, Hazard traces the process by which new developments in the sciences, arts, philosophy, and philology came to undermine the stable foundations of the classical world, with its commitment to (...) tradition, stability, proportion, and settled usage. Hazard shows how travelers’ tales and archaeological investigation widened European awareness and acceptance of cultural difference; how the radical rationalism of Spinoza and Richard Simon’s new historical exegesis of the Bible called into question the revealed truths of religion; how the Huguenot Pierre Bayle’s critical dictionary of ideas paved the way for Voltaire and the Enlightenment, even as the empiricism of Locke encouraged a new attention to sensory experience that led to Rousseau and romanticism. Hazard’s range of knowledge is vast, and whether the subject is operas, excavations, or scientific experiments his brilliant style and powers of description bring to life the thinkers who thought up the modern world. (shrink)

La 4e de couverture indique : "" La majorité des Français pensait comme Bossuet ; tout d'un coup, les Français pensent comme Voltaire c'est une révolution ", écrit Paul Hazard dans ce livre devenu un classique. De 1680 à 1715 s'affrontent, en effet, les idées les plus contradictoires et les plus puissantes. L'ordre classique, qui avait repris force après la Renaissance, paraissait éternel. Or, vers 1680, tout se met à bouger. Un air extérieur semble souffler dans le solennel édifice ; (...) des esprits ont l'audace de prétendre que les Modernes valent bien les Anciens, que le progrès doit l'emporter sur la tradition, la science sur la foi. " Il s'agissait de savoir si l'humanité continuerait sa route en se fiant aux mêmes guides ou si des chefs nouveaux lui feraient faire volte-face pour la conduire vers d'autres terres promises. " Une époque charnière donc, où l'esprit de doute surgit partout. Le goût des récits de voyage élargit les horizons et ébranle les certitudes acquises ; on discute de la Bible, de l'authenticité des textes sacrés, des mystères ; les libres penseurs font la guerre à la tradition ; on parle de religion naturelle, de mort naturelle, de droit naturel ; on rêve d'une ère de bonheur terrestre fondée sur la raison et sur la science, les philosophes prônent la tolérance. C'est ce formidable bouillonnement d'idées et d'hommes que décrit Paul Hazard, en retraçant en quelque sorte l'histoire des origines de l'Europe contemporaine.". (shrink)

" Quel contraste! quel brusque passage! La hiérarchie, la dis¬cipline, l'ordre que l'autorité se charge d'assurer, les dogmes qui règlent fermement la vie : voilà ce qu'aimaient les hommes du dix-septième siècle. Les contraintes, l'autorité, les dogmes, voilà ce que détestent les hommes du dix-huitième siècle, leurs successeurs immédiats. Les premiers sont chrétiens, et les autres antichrétiens ; les premiers croient au droit divin, et les autres au droit naturel ; les premiers vivent à l'aise dans une société qui se (...) divise en classes inégales, les seconds ne rêvent qu'éga-lité. Certes, les fils chicanent volontiers les pères, s'imaginant qu'ils vont refaire un monde qui n'attendait qu'eux pour devenir meilleur : mais les remous qui agitent les générations successi¬ves ne suffisent pas à expliquer un changement si rapide et si décisif. La majorité des Français pensait comme Bossuet ; tout d'un coup, les Français pensent comme Voltaire : c'est une révolution.Pour savoir comment elle s'est opérée, nous nous sommes engagés dans des terres mal connues. On étudiait beaucoup le dix-septième siècle, autrefois ; on étudie beaucoup le dix-¬huitième siècle, aujourd'hui. A leurs confins s'étend une zone incertaine, malaisée, où l'on peut espérer encore découvertes et aventures. Nous l'avons parcourue, choisissant pour la borner deux dates non rigoureuses : d'une part, les environs de 1680, et d'autre part, 1715...". (shrink)

W. B. Yeats’ poem “Politics” has as its epigraph Thomas Mann’s remark, “In our time the destiny of man presents its meaning in political terms.”1 Yeats chose the epigraph in 1938, just before World War II, for a poem proclaiming that sexuality holds his interest more than politics. This still may be true for poets, but by the looks of things, not for many contemporary critics, who, if they do not choose one over the other, subsume one under the other. (...) For them everything is political , which is to hold that everything is reduced to questions of power. So it is, in their eyes, with canons.The first canonization of note for western culture seems to have been that of the Hebrew Scriptures; and although there is much dispute about the whole matter of how that occurred, it is interesting to observe that in a 1971 book entitled The Shaping of Jewish History: A Radical New Interpretation Ellis Rivkin presents the development of that canon in political terms, arguing that production of the Hebrew Scriptures “was not primarily the work of scribes, scholars, or editors who sought out neglected traditions about wilderness experience, but of a class struggling to gain power.”2 In a very interesting article on this subject, Gerald L. Bruns observes that the lesson of this is that the concept of canon is not literary but a “category of power” . Rivkin himself decides, as Bruns remarks, to treat “the promulgation of canonical texts of the Scriptures, not according to literary criteria but according to power criteria” . Presumably it is this program that warrants Rivkin’s subtitle Radical New Interpretation. But what would the literary criteria that are opposed to power criteria here be? Are there any longer believers in the more than trivial existence of such criteria? Does the destiny of literature now present its meaning political terms? If there are no longer thought to be such things as literary criteria, is there, can there be, literature? We have heard answers in the negative to the last question; and the notion of canon has recently been addressed almost always in terms of politics and power, most notably, of course, but certainly not exclusively, by feminist and minority critics. The destiny of women’s writing has certainly presented its meaning in political terms. Hazard Adams is professor of English and comparative literature at the University of Washington. He has recently completed The Book of Yeats’ Poems and a collection of critical essays. (shrink)

Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis (...) on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions. (shrink)