Integrating concepts of maintenance and of origins is essential to explaining biological diversity. The unified theory of evolution attempts to find a common theme linking production rules inherent in biological systems, explaining the origin of biological order as a manifestation of the flow of energy and the flow of information on various spatial and temporal scales, with the recognition that natural selection is an evolutionarily relevant process. Biological systems persist in space and time by transfor ming energy from one state (...) to another in a manner that generates structures which allows the system to continue to persist. Two classes of energetic transformations allow this; heat-generating transformations, resulting in a net loss of energy from the system, and conservative transformations, changing unusable energy into states that can be stored and used subsequently. All conservative transformations in biological systems are coupled with heat-generating transformations; hence, inherent biological production, or genealogical proesses, is positively entropic. There is a self-organizing phenomenology common to genealogical phenomena, which imparts an arrow of time to biological systems. Natural selection, which by itself is time-reversible, contributes to the organization of the self-organized genealogical trajectories. The interplay of genealogical (diversity-promoting) and selective (diversity-limiting) processes produces biological order to which the primary contribution is genealogical history. Dynamic changes occuring on times scales shorter than speciation rates are microevolutionary; those occuring on time scales longer than speciation rates are macroevolutionary. Macroevolutionary processes are neither redicible to, nor autonomous from, microevolutionary processes. (shrink)

Beginning with an overview of Galileo's earliest work on free fall, the paper examines the relationship between experiment and theory in his study of motion in the period immediately before and after 1604. The possible role of experiment is assessed in relation to the manuscript evidence and by means of reconstructed experiments.

The existence of consciousness in animals may have been overlooked. Continuity in consciousness between humans and animals is predicted by evolutionary theory. However, there are specific methodological difficulties associated with investigating such a phenomenon: it cannot be directly measured; animals, unlike humans, cannot directly tell us about their conscious experience; experiments which have made comparisons to human consciousness cannot detect consciousness of a different form; application of the law of parsimony in science has traditionally led to the conclusion that it (...) does not exist. (shrink)

The way things are supposed to be : reputational theory and its demise -- Thriving the new way : with little or no reputation : the Goldman Sachs story -- The way things used to be : when reputation was critical to survival -- Individual reputation unhinged from the firm : hardly anybody goes down with the ship -- Proof in the pudding : Michael Milken, Junk Bonds, and the decline of Drexel and -- Nobody else -- The new, post-reputation (...) Wall Street : accounting firms -- The new, post-reputation Wall Street : law firms -- The new, post-reputation Wall Street : credit rating agencies -- The new, post-reputation Wall Street : stock exchanges -- The SEC and reputation -- The SEC : captured and quite happy about it -- Where we are and where we are headed : a conclusion of sorts -- Index. (shrink)

An important factor in judging whether two retinal images arise from the same object viewed from different positions may be the presence of certain properties or cues that are 'qualitative invariants' with respect to the natural transformations, particularly affine transformations, associated with changes in viewpoint. To test whether observers use certain affine qualitative cues such as concavity, convexity, collinearity, and parallelism of the image elements, a 'same-different' discrimination experiment was carried out with planar patterns that were defined by four points (...) either connected by straight line segments (line patterns) or marked by dots (dot patterns). The first three points of each pattern were generated randomly; the fourth point fell on their diagonal bisector. According to the position of that point, the patterns were concave, triangular (three points being collinear), convex, or parallel sided. In a 'same' trial, an affine transformation was applied to one of two identical patterns; in a 'different' trial, the affine transformation was applied after the point lying on the diagonal bisector was perturbed a short, fixed distance along the bisector, inwards for one pattern and outwards for the other. Observers' ability to discriminate 'same' from 'different' pairs of patterns depended strongly on the position of the fourth, displaced, point: performance varied rapidly when the position of the displaced point was such that the patterns were nearly triangular or nearly parallel sided, consistent with observers using the hypothesised qualitative cues. The experimental data were fitted with a simple probabilistic model of discrimination performance that used a combination of these qualitative cues and a single quantitative cue. (shrink)

Compares the differing answers as to whether human rulers or the law should be supreme in the works of Plato and Aristotle.

The time taken to react voluntarily to a stimulus is far longer than can be accounted for by ordinary processes of nerve conduction and synaptic delay, and varies unpredictably from trial to trial. Though random, the distribution of reaction times usually follows a relatively simple law, which in turn can be explained by the LATER model, in which a decision signal, representing belief in the existence of the target, rises in response to incoming sensory evidence from an initial value to (...) a criterion level at which action is initiated. But the rate of rise fluctuates randomly from trial, to an extent that cannot be explained by sensory noise at the input. These conclusions, confirmed by recording from neurons in the frontal eye fields, suggest that the randomness of reaction time is due to a deliberate, gratuitous, neural process which confers certain biological advantages as well as having implications for general ideas about the nature of ‘free will'. (shrink)

Historians of medieval England have devoted little sustained attention to the law of usury, and what attention they have paid to the subject has not been focused on the law's enforcement in court practice. A common assumption has been that one could not go much beyond academic treatises and legislative enactments in studying the subject. This has left an undeniable gap, one which English historians have not made as much progress in filling as have Continental historians. In dealing with enforcement (...) of the law of usury in medieval England, therefore, most general treatments have had either to make reasonable guesses from secondary evidence or to be silent. (shrink)

On April 26, 1995, the United States Supreme Court limited the reach of the preemption provision of ERISA in New York State Conference of Blue Cross & Blue Shield Plans v. Tavelers Insurance Co. ). In Travelers, the Supreme Court upheld the validity of a New York statute requiring hospitals to collect surcharges from patients covered by commercial insurers and requiring health maintenance organizations to pay a surcharge to the state's general fund that varies depending on the number of Medicaid-eligible (...) HMO members enrolled. Neither patients insured by Blue Cross/Blue Shield plans nor the plans themselves are similarly charged under the statute. Several commercial insurers and HMOs claimed the surcharges should be preempted under ERISA because they are levied on patients whose insurance or HMO membership premiums are purchased by an ERISA plan.The ERISA preemption clause means that federal regulation, or lack thereof, supersedes state regulation that is related to employee pension and benefit plans. This preemption clause prevents states from changing health care and benefit law for a significant portion of state residents. (shrink)

The existence of a meaningful distinction between economic rights and “other rights” has been a cornerstone of constitutional law for the past sixty years. During this period, the federal courts consistently have taken the position that Congress is free to abuse citizens’ economic liberties, but is not permitted to interfere with such other, noneconomic “rights” as freedom of expression, freedom of assembly, and freedom of religion.

In this essay, I identify the reasons that libertarian principles have failed to capture the popular imagination as an acceptable form of civil society. By the term “libertarian” I mean a belief in and commitment to a set of methods and policies that have as their common aim greater freedom under law for individuals. The term “freedom” in this context means not only a commitment to civil liberties, such as freedom of expression, but also to economic liberties, including a commitment (...) to a laissez-faire policy of free enterprise and free trade between countries. Libertarians, therefore, are committed to the absolute minimum state intervention in the economy as well as in people's private lives. In a world constrained by these libertarian principles, people should be permitted to do as they please, constrained only by rules that prevent them from encroaching on the liberty of others. (shrink)

Legal education in continental Europe -- The law of nature in European courts -- Legal education in England -- The law or nature in English courts -- Legal education in the United States -- The law of nature in American courts.

The essays collected in this volume to honor Ernest Nagel reflect his wide interest in all topics relating philosophy to the natural and social sciences. The essays, written by distinguished philosophers and scientists form a mixed bag, but most of them are very good. The first part, "Science and Inquiry" begins with notes taken by Patrick Suppes of Nagel's lectures on Dewey's logic delivered in 1947. It follows with essays on knowledge by Stuart Hampshire, on intensions and the law of (...) inverse variation by R. M. Martin, and four essays on problems of induction and confirmation which contribute markedly to this well-worn field. The eleven essays of the second part, "Structure of Science" range from discussions of physics and ontology, mechanism and evolution to essays on functionalism in anthropology and ethics and legal theory. In between there are very good essays by C. Hempel on reduction, S. Morgenbesser on the realist-instrumentalist controversy, essays on the identity thesis, extensive measurement, causation and action, philosophy of language, and the differences between the natural and social sciences. Part three contains six essays on the role of values in various settings, e.g., ethical theory, the social sciences, legal theory and existentialism. The fourth and final part contains a variety of historical studies: Clagett on the quadrature of lunes in medieval science, I. Bernard Cohen on Newton, A. Koslow on the law of inertia, Charles Parsons on Kant's philosophy of arithmetic, Philip Wiener on a Soviet view of Peirce's pragmatism and S. Diamond on John D. Rockefeller and the historians.--R. H. K. (shrink)

Professor Morgan styles himself an amateur in his investigation of the theme of love and in this work he lives up to this role in the best senses of the term. With an inspiring enthusiasm for the theme, he brings to bear a critical analysis of the central concepts in each area. In Plato's assimilation of love to moral and intellectual striving, in the Bible's orientation of the law around love, and in Freud's genetic account of personal and social norms, (...) Professor Morgan discerns similar attempts to reconcile reason and passion. The author is equally concerned to note the differences between the three theories of love and to resist the reduction of one to the other. Plato's Eros is fully teleological and finds its culmination in the rational impersonality of perfect form. The Bible teaches that love has no other end than its own perfection in the living, personal God. Freud sets himself against both these traditions by his materialistic bias, his emphasis on the efficient causes of love, and the irreducible dualism of Eros and Thanatos.—T. R. H. (shrink)

As the author states, this book could be read as an introductory text on scientific explanation and related topics or as a monograph which introduces some new ideas and takes a stand on these topics. Part I is strictly a textbook treatment of explanations and laws. It is clearly written and is particularly good in the classification of sorts of explanations. Part II is less successful as introductory material, but it contains some novel ideas. The author develops an approach to (...) explanation, prediction, and retrodiction by considering discrete state systems. He shows that for any number of simple systems of this kind, deterministic and probabilistic explanation, prediction, and retrodiction may not work. The discussion is abstract and the results are not related to actual physical systems. But the possibility of such systems is surely important for any complete theory of explanation as the author suggests. Discussions are also included of teleological systems and of confirming evidence. Part III discusses philosophical issues about the nature of laws, causality, indeterminism, and the limits of explanation. Two appendices discuss problems of scientific explanation in history and the social sciences. There is a long and very useful bibliography.--R. H. K. (shrink)

When in 1950, the distinguished psychologist, Jean Piaget, published a book on the relation of logic and psychology, the book was severely criticized in the journal Methodos by the logician E. V. Beth. Piaget asked to get together with Beth to discuss the issues involved. The result, over 15 years later, is the present book. Beth is the author of the first half in which he defends the complete autonomy of logic in relation to psychology by means of a partly (...) philosophical, partly historical treatment of logicist, formalist, and intuitionist philosophies of mathematics. Briefly put, Beth's thesis is the now familiar one in contemporary philosophy that logic and mathematics are normative sciences, psychology is a factual science. As a consequence, Beth argues that we must renounce all "psychologism" in logic and mathematics, and all "logicism" in psychology. Piaget has come to accept these main contentions of Beth and affirms them in the second half of the volume. But Piaget is impressed by the fact that a good deal of human conceptual development must go on before human beings recognize and state normative laws of logical thought. Piaget attempts to chart this conceptual development and explain how it takes place. He attempts to show that this genetic-psychological approach to the study of logical and mathematical thought is complementary to and fully compatible with the deductive approach of the formal logician, and hence compatible with Beth's thesis about the conceptual autonomy of logic and psychology. Logician and psychologist can thus deal with the same material although their approaches are conceptually autonomous. The book repays careful reading not only for the arguments defending these challenging claims but also for many other details in both parts.--R. H. K. (shrink)

This is the first comprehensive study of Schrödinger's scientific and philosophical writings. The task requires a person trained thoroughly in physical science and yet capable of appreciating the sometimes puzzling philosophical ideas Schrödinger put forward. Professor Scott, a physicist, is remarkably successful at communicating both the physical and the philosophical ideas. After a brief summary of Schrödinger's diverse writings, he divides the writings into four groups which are treated in separate chapters. The first group, including very early papers, deals with (...) Schrödinger's work on Statistical Mechanics, and statistical theories in general. The second covers the crucial development of Wave Mechanics. The third concerns Schrödinger's interpretation of quantum mechanics and the important departures from the prevailing views of the Copenhagen school. Finally the fourth group contains Schrödinger's views on life and the self. The author shows that Schrödinger was led to his doctrine of identity by reflecting on the paradox of freedom and determinism. His study "What is Life?" convinced him that living systems are governed by the law of causality but he also believed that men were free. The doctrine of identity was his solution to the paradox. Scott is critical of this solution and a number of other doctrines of Schrödinger. The book is clearly written throughout and is a good introduction to Schrödinger's thought.--R. H. K. (shrink)

This second volume in the series designed to review the work done in various areas of philosophy during the period 1956-1966 is concerned with the philosophy of science. There are forty essays on a variety of topics in the philosophy of science describing the work done in that area in the past decade and a bibliography covering the same period. Most are in English, some in French or German. Some representative topics and their authors are: Laws, Models, Causality, Induction and (...) Probability, Scientific Methodology, Time, Space, Cosmology, Philosophy and Physics, Quantum Theory, Biology and Philosophy. In addition there are several general essays on the influence of various philosophers and scientists on current developments in the philosophy of science, on the ethical and philosophical implications of science, on Cybernetics, Information Theory, Game theory and a number of essays on the development of philosophy of science in different countries of Western and Eastern Europe and Japan. Like the first volume of this series, this book is an indispensable guide to anyone interested in the field, and a place should be made for it on every library shelf---where there is an interest in philosophy of science.--R. H. K. (shrink)

Peter Geach brings the same careful attention to logical detail to these studies in the philosophy of religion and philosophy of mind as he has brought to other philosophical works. Some of the topics discussed here, however, will surprise some readers of Geach's earlier works, e.g., reincarnation, immortality, creation, praying for things to happen, and worshipping the right God. There are separate chapters on these topics as well as chapters on thought, form and existence, and the moral law. It should (...) be noted for readers who may not share Geach's interest in some of these topics that each of the chapters makes important points about issues which go beyond the topics of immediate interest. For example, Geach's two chapters on reincarnation and immortality are very interesting commentaries on the problem of personal identity, and the chapter on praying for things to happen is an interesting essay on time. The chapters on existence and thought pick up themes from Geach's earlier writing on Aquinas and Frege and mental acts. The Aristotelian roots of Geach's thought are clear in these essays from his account of existence and thought to his denial of clear sense to the idea of an immortality of a separate soul or its reincarnation. There is a helpful analytical index.--R. H. K. (shrink)

Foundations research in physics, according to Bunge, has lagged behind its sister discipline, the foundations of mathematics. His book is an attempt to partially remedy this situation by analyzing the form and content of some basic ideas in physics and presenting some of the fundamental theories of physics in an axiomatic fashion. The heart of the book consists of axiomatizations of Classical Mechanics, Classical Field Theories, and Quantum Mechanics. Bunge does not claim to be working without predecessors. While the idea (...) of a separate discipline in the foundations of physics is rather new, the existence of material that clearly belongs to foundations research is not. This is attested to by the substantial bibliography at the end of the book. But he is ideally suited to the task of bringing this difficult material together and welding it in his own fashion into a coherent whole. His grasp of physical theory is wide-ranging and he writes with clarity and wit. In the first chapter he states his views on a number of issues in the philosophy of science: explanation, prediction, operationalism, laws, and other topics. The arguments are usually summarized very briefly, or reference is made to other books. Thus those who disagree with his philosophical presuppositions will not be convinced; but friends or foes will miss a great deal of informative material if they do not push on to the axiomatizations which follow and which are the main concern of the book. This book will undoubtedly be a source-book for future foundations research in the physical sciences.--R. H. K. (shrink)

This anthology collects readings from important nineteenth and early twentieth century figures who contributed to the philosophy of science before that discipline emerged in the last 40 years as an area of study in its own right. It begins with a seldom-read selection by Kant ) and ends with a selection from Bridgman's The Logic of Modern Physics. Each selection is preceded by a three-page biography of the author together with a bibliography of his major writings and some writings on (...) his work. Many familiar names appear, e.g., Mill, Mach, Pearson, Hertz, Poincare, Peirce, Duhem, Russell, Whitehead, and Campbell. But there are others represented whose actual writings are not so familiar to many students of the philosophy of science, e.g., J. F. W. Herschel, William Whewell, Hermann Von Helmholtz, J. B. Stallo, Emile Boutroux and William Ostwald. With the exception of Stallo, the writings of these figures have been long out of print. In one case, a selection from Ludwig Boltzmann on the nature of mechanics, the editor has translated the selected passage into English expressly for this volume. A wide range of topics are considered in the readings: physical laws, theories, induction, observation, space, time, and others; but, as the nature of the case requires, the focus of attention is on classical science. For this reason most existing courses in the philosophy of science could use this collection only as a supplementary text. But it would function well in such a role. Moreover, specialized courses in the history of philosophical thinking about science will find it very useful.--R. H. K. (shrink)

The ongoing debate on the ethics of using artificial intelligence (AI) in military contexts has been negatively impacted by the predominant focus on the use of lethal autonomous weapon systems (LAWS) in war. However, AI technologies have a considerably broader scope and present opportunities for decision support optimization across the entire spectrum of the military decision-making process (MDMP). These opportunities cannot be ignored. Instead of mainly focusing on the risks of the use of AI in target engagement, the debate about (...) responsible AI should (i) concern each step in the MDMP, and (ii) take ethical considerations and enhanced performance in military operations into account. A characterization of the debate on responsible AI in the military, considering both machine and human weaknesses and strengths, is provided in this paper. We present inroads into the improvement of the MDMP, and thus military operations, through the use of AI for decision support, taking each quadrant of this characterization into account. (shrink)

Background: The factors influencing parents’ willingness to enroll their children in biobanks are poorly understood. This study sought to assess parents’ willingness to enroll their children, and their perceived benefits, concerns, and information needs under different consent and data-sharing scenarios, and to identify factors associated with willingness. Methods: This large, experimental survey of patients at the 11 eMERGE Network sites used a disproportionate stratified sampling scheme to enrich the sample with historically underrepresented groups. Participants were randomized to receive one of (...) three consent and data-sharing scenarios. Results: In total, 90,000 surveys were mailed and 13,000 individuals responded (15.8% response rate). 5737 respondents were parents of minor children. Overall, 55% (95% confidence interval 50–59%) of parents were willing to enroll their youngest minor child in a hypothetical biobank; willingness did not differ between consent and data-sharing scenarios. Lower educational attainment, higher religiosity, lower trust, worries about privacy, and attitudes about benefits, concerns, and information needs were independently associated with less willingness to allow their child to participate. Of parents who were willing to participate themselves, 25% were not willing to allow their child to participate. Being willing to participate but not willing to allow one’s child to participate was independently associated with multiple factors, including race, lower educational attainment, lower annual household income, public health care insurance, and higher religiosity. Conclusions: Fifty-five percent of parents were willing to allow their youngest minor child to participate in a hypothetical biobank. Building trust, protecting privacy, and addressing attitudes may increase enrollment and diversity in pediatric biobanks. (shrink)

Whereas conventional analyses characterize environmental problems as examples of market failure, proponents of free-market environmentalism (FME) consider the problem to be a lack of markets and, in particular, a lack of enforceable and exchangeable property rights. Enforcing property rights alleviates disputes about, as well as the overuse of, most natural resources. FME diagnoses of pollution are much weaker, however. Most FME proponents suggest that common-law tort suits can adequately protect private property and ecological resources from pollution. Yet such claims have (...) not been substantiated. Further research is needed before the common law, or regulatory reforms grounded in common-law principles, can be seen as a viable alternative to traditional environmental regulation. (shrink)

There is overwhelming evidence that the opioid crisis—which has cost hundreds of thousands of lives and trillions of dollars (and counting)—has been created or exacerbated by webs of influence woven by several pharmaceutical companies. These webs involve health professionals, patient advocacy groups, medical professional societies, research universities, teaching hospitals, public health agencies, policymakers, and legislators. Opioid companies built these webs as part of corporate strategies of influence that were designed to expand the opioid market from cancer patients to larger groups (...) of patients with acute or chronic pain, to increase dosage as well as opioid use, to downplay the risks of addiction and abuse, and to characterize physicians’ concerns about the addiction and abuse risks as “opiophobia.” In the face of these pervasive strategies, conflict of interest policies have proven insufficient for addressing corporate influence in medical practice, medical research, and public health policy. Governments, the academy, and civil society need to develop counterstrategies to insulate themselves from corporate influence and to preserve their integrity and public trust. These strategies require a paradigm shift—from partnerships with the private sector, which are ordinarily vehicles for corporate influence, to a norm of separation. (shrink)

Background: Issues concerning legislation and regulation with respect to the role of nurses in euthanasia and physician-assisted suicide gave the Minister for Health reason to commission a study of the role of nurses in medical end-of-life decisions in hospitals, home care and nursing homes.Aim: This paper reports the findings of a study of the role of nurses in euthanasia and physician-assisted suicide, conducted as part of a study of the role of nurses in medical end-of-life decisions. The findings for hospitals, (...) home care and nursing homes are described and compared.Method: A questionnaire was sent to 1509 nurses, employed in 73 hospitals, 55 home care organisations and 63 nursing homes. 1179 responses were suitable for analysis. The questionnaire was pilot-tested among 106 nurses, with a response rate of 85%.Results: In 37.0% of cases, the nurse was the first person with whom patients discussed their request for euthanasia or physician-assisted suicide. Consultation between physicians and nurses during the decision-making process took place quite often in hospitals and nursing homes and less frequently in home care situations . In some cases , nurses administered the euthanatics.Conclusions: The results show substantial differences between the intramural sector and the extramural sector , which are probably linked to the organisational structure of the institutions. Consultation between physicians and nurses during the decision-making process needs improvement, particularly in home care. Some nurses had administered euthanatics, although this task is by law exclusively reserved to physicians. (shrink)

We tend to think of conflict as bad and compromise as good. But how should we view conflict that exposes potential threats to the environment and health? And what about a compromise between litigants that may adversely affect the interests of third parties or undermine public health? There can be few places in the country where this issue has become more pressing than in my home state, Pennsylvania. The hydraulic fracturing of natural gas in the Marcellus Shale has transformed lives (...) and landscapes here, mainly in rural communities with low‐income populations. The Hallowich family is a case in point. (shrink)

This paper investigates what the source of time asymmetry is in thermodynamics, and comments on the question whether a time-symmetric formulation of the Second Law is possible.

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, (...) prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners. (shrink)

The Supreme Court of the United States has recently been petitioned to revisit legal issues pertaining to the lawfulness of imposing a vaccine mandate on individuals with proof of natural immunity during the COVID-19 pandemic. While the petition accepts that the protection of public health during COVID-19 was an important governmental interest, the petitioners maintain that the imposition of a vaccine mandate on individuals with natural immunity was not ‘substantially related’ to accomplishing that purpose. In this short report, we outline (...) how some of the petition’s general arguments interact with points we raised in a 2022 article in this journal defending natural immunity exemptions, in light of new evidence. In particular, we reflect on new evidence pertaining to differences between vaccine-induced immunity, natural immunity, and so-called ‘hybrid’ immunity. We suggest that the nuanced nature of this evidence highlights the importance of making fine-grained judgements about proportionality and necessity when considering vaccine mandates. We conclude by claiming that if future pandemics necessitate the imposition of vaccine mandates, then those seeking to justify them should clearly articulate the relevance (and the evidence) for the comparative protection of vaccine-induced, natural, and hybrid immunity. (shrink)

The theme of this collection of articles by Jonathan Turner is that sociology can be a true science, and it can develop abstract laws explaining the operative dynamics of the social universe. Rather that blindly worshipping sociology's masters, however, Turner attempts to reinvent sociology as a science that learns the valuable lessons of classical theory and then moves on.