This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

In this paper we shall consider whether John Rawls’s treatment of Ignatius of Loyola is a fair one. Rawls claims in A Theory of Justice that Catholic theology (and Ignatius’s theology in particular) aims at a “dominant end” of serving God that overrides other moral considerations. Rawls argues that dominant end views lead to a disfigured self and a disregard for justice. We do not question Rawls on the normative issue of whether dominant end conceptions are untenable, but rather on (...) his factual claim that Ignatian spirituality and Catholic theology in general presupposes a dominant end view as he defines it. The Loyola whom Rawls attacks in Theory of Justice is a straw-man. Ignatian spirituality and Catholic theology in general embraces something closer to an inclusive end view, since it argues that several different ways of virtuous living can lead to happiness. (shrink)

Highly portable and accessible MRI technology will allow researchers to conduct field-based MRI research in community settings. Previous guidance for researchers working with fixed MRI does not address the novel ethical, legal, and societal issues (ELSI) of portable MRI (pMRI). Our interdisciplinary Working Group (WG) previously identified 15 core ELSI challenges associated with pMRI research and recommended solutions. In this article, we distill those detailed recommendations into a Portable MRI Research ELSI Checklist that offers practical operational guidance for researchers contemplating (...) using this technology. (shrink)

In his Philosophical Inquiry concerning Human Liberty (1717), the English deist Anthony Collins proposed a complete determinist account of the human mind and action, partly inspired by his mentor Locke, but also by elements from Bayle, Leibniz and other Continental sources. It is a determinism which does not neglect the question of the specific status of the mind but rather seeks to provide a causal account of mental activity and volition in particular; it is a ‘volitional determinism’. Some decades later, (...) Diderot articulates a very similar determinism, which seeks to recognize the existence of “causes proper to man” (as he says in the Réfutation d’Helvétius). The difference with Collins is that now biological factors are being taken into account. Obviously both the ‘volitional’ and the ‘biological’ forms of determinism are noteworthy inasmuch as they change our picture of the nature of determinism itself, but my interest here is to compare these two determinist arguments, both of which are broadly Spinozist in nature – and as such belong to what Jonathan Israel called in his recent book “the radical Enlightenment,” i.e. a kind of underground Enlightenment constituted by Spinozism – and to see how Collins’ specifically psychological vision and Diderot’s specifically biological vision correspond to their two separate national contexts: determinism in France in the mid-1750s was a much more medico-biological affair than English determinism, which appears to be on a ‘path’ leading to Mill and associationist psychology. (shrink)

"To some people, life is very simple . . . no shadings and grays, all blacks and whites. . . . Now, others of us find that good, bad, right, wrong, are many-sided, complex things. We try to see every side; but the more we see, the less sure we are." —Sir John Talbot, The Wolf Man (Universal Pictures, 1941).

The phenomenon of apparently greater emphasis on human female physical attractiveness has spawned an array of explanatory responses, but the great majority can be broadly categorized as either evolutionary or social constructivist in nature. Both perspectives generate distinct and testable predictions. If, as Naomi Wolf (The beauty myth: How images of female beauty are used against women. New York: William Morrow, [originally published in 1991], 2002) and others have argued, greater emphasis on female attractiveness is part of a predominantly (...) Western “beauty myth,” then an analysis of a culturally diverse sample should reveal marked fluctuation in gendered attractiveness emphasis: there should be significant numbers of cultures in which male and female attractiveness are equally emphasized, and cultures in which male attractiveness receives more emphasis. On the other hand, an evolutionary perspective suggests that disproportionate emphasis on female attractiveness will be a universal or near-universal phenomenon. To test these hypotheses, we tallied references to male versus female attractiveness in 90 collections of traditional folktales from 13 diverse cultural areas. The results are consistent with the evolutionary predictions and inconsistent with the constructivist predictions. Across culture areas information on physical attractiveness was much more likely to be conveyed for female characters. Together with other recent studies, these results suggest that the main elements of the beauty myth are not myths: there are large areas of overlap in the attractiveness judgments of diverse populations, and cross-cultural emphasis on physical attractiveness appears to fall principally upon women. (shrink)

At the age of 15 I began calling myself an atheist. It was bad timing because the next year, in English class, I read Waiting for Godot and plunged into a philosophical depression. This was not a clinical depression with thoughts of personal worthlessness and a yearning for death. It was, rather, the kind of funk that Woody Allen’s characters were so prone to in his early movies. For example, in Annie Hall, a flashback shows us a nine-year-old Allen-esque boy (...) being asked by a doctor why he is depressed. The boy’s response is that he had recently learned that the universe will expand forever and someday break apart. He saw no further point in doing homework, despite his mother’s protestations that Brooklyn was not expanding. After reading Godot, I felt the same way. If there was no God then my life, and all life, suddenly seemed to be as pointless as the lives of Vladimir and Estragon. Here, for example, is the quote I chose later that year to place under my picture in my high school yearbook: “Whosoever shall not fall by the sword or by famine, shall fall by pestilence, so why bother shaving?” The quote is from Woody Allen[1]. The next year I went to college. I was committed to figuring out the meaning of life and I thought that studying philosophy would help. I was disappointed. Philosophy addressed many fundamental questions of being and knowing, but the question “What is the meaning of life?” never came up. I assumed it was a badly formed question, and I moved on. I went to graduate school in psychology. If only I had been able to read Susan Wolf back then! She clarifies the question so elegantly, and she points to the means by which each of us can answer it for ourselves: go find something to love, something worthy of love, that you can link to and engage with in the right sort of way. It took me a while to do that, but I eventually did, as so many of us have, both by committing to people and by committing to my work. My remaining comments flow from that work, which ended up bringing me, by a roundabout route, back to the question of the meaning of life.. (shrink)

Aristotle's ethical theorizing contains resources for explaining what I call ‘ethical disability’. In theories such as Kant's and Mill's it is important that criteria of right action be accessible to anyone. Aristotle's moral psychology yields a plausible account of how they are not available to everyone. Unless a correct appreciation of good is part of the agent's second nature, the agent will not recognize ethical requirements, and will not have the resources to alter his judgments. Often, bad action is not (...) a matter of agents' flouting or violating criteria of right action that they recognize, but is a matter of agents' regarding as choiceworthy things that are in fact no good, and the agents are unable to appreciate this because of their vices. However, on the Aristotelian view, this is not a condition that diminishes responsibility, because of how voluntariness is interpreted. Some of the views of Susan Wolf and Bernard Williams are discussed in the development of this view of the moral landscape. (shrink)

There are aspects of privacy theory that are analogous to quantum theory. In particular one can define distillable key and key cost in parallel to distillable entanglement and entanglement cost. We present here classical privacy theory as a particular case of information theory with adversaries, where similar general laws hold as in entanglement theory. We place the result of Renner and Wolf—that intrinsic information is lower bound for key cost—into this general formalism. Then we show that the question of (...) whether intrinsic information is equal to key cost is equivalent to the question of whether Alice and Bob can create a distribution product with Eve using I M bits of secret key. We also propose a natural analogue of relative entropy of entanglement in privacy theory and show that it is equal to the intrinsic information. We also provide a formula analogous to the entanglement of formation for classical distributions. (shrink)

This essay responds to the helpful criticisms of Valuing Health: Well-Being, Freedom, and Suffering, which have been offered by Elselijn Kingma, Adam Oliver, Anna Alexandrova, Alex Voorhoeve, Erik Nord and James Wilson. I am extremely grateful to Jonathan Wolf and especially James Wilson for arranging a one-day conference on my book, Valuing Health: Well-Being, Freedom, and Suffering [Hausman, D.. Valuing Health: Well-Being, Freedom, and Suffering. Oxford: Oxford University Press.], and for publishing this symposium. I am also grateful to (...) the wonderful six scholars who took the time to study my work and to offer perceptive and helpful criticisms. Without unduly trying the patience of readers, I cannot respond to all their remarks, but I hope that in what follows I have replied to the most important of their comments on the arguments and conclusions of Valuing Health. Before I begin these replies, a brief synopsis of Valuing Health may be helpful to the reader. (shrink)

This paper argues that an adequate conception of a good life should recognize, in addition to happiness and morality, a third dimension of meaningfulness. It further proposes that we understand meaningfulness as involving both a subjective and an objective condition, suitably linked. Meaning arises when subjective attraction meets objective attractiveness. In other words one’s life is meaningful insofar as one is gripped or excited by things worthy of one’s love, and one is able to do something positive about it. The (...) paper concludes with some speculations about how this conception of meaningfulness might help to explain the conditions under which social volunteering can be especially rewarding. (shrink)

Many academic works as well as many works of art are such that if they had never been produced, no one would be worse off. Yet it is hard to resist the judgment that some such works are good nonetheless. We are rightly grateful that these works were created; we rightly admire them, appreciate them, and take pains to preserve them. And the authors and artists who produced them have reason to be proud. This should lead us to question the (...) view that in order for a thing to be good, in a sense which implies that the thing merits our attention and positive concern, it needs to be good for someone or something whose welfare is enhanced by it. (shrink)

This essay is primarily concerned with one type of moral luck – luck in how things turn out. Do acts that actually lead to harm deserve the same treatment as similar acts that, by chance, do not lead to harm? This paper argues that we must recognize the truth in two, opposing tendencies in such cases.

It is now well-known that Newton–Cartan theory is the correct geometrical setting for modelling the quantum Hall effect. In addition, in recent years edge modes for the Newton–Cartan quantum Hall effect have been derived. However, the existence of these edge modes has, as of yet, been derived using only orthodox methodologies involving the breaking of gauge-invariance; it would be preferable to derive the existence of such edge modes in a gauge-invariant manner. In this article, we employ recent work by Donnelly (...) and Freidel in order to accomplish exactly this task. Our results agree with known physics, but afford greater conceptual insight into the existence of these edge modes: in particular, they connect them to subtle aspects of Newton–Cartan geometry and pave the way for further applications of Newton–Cartan theory in condensed matter physics. (shrink)

A standard line in the contemporary philosophical literature has it that physical theories are equivalent only when they agree on their empirical content, where this empirical content is often understood as being encoded in the equations of motion of those theories. In this article, we question whether it is indeed the case that the empirical content of a theory is exhausted by its equations of motion, showing that (for example) considerations of boundary conditions play a key role in the empirical (...) equivalence (or otherwise) of theories. Having argued for this, we show that philosophical claims made by Weatherall (2016) that electromagnetism in the Faraday tensor formalism is equivalent to electromagnetism in the vector potential formalism, and by Knox (2011) that general relativity is equivalent to teleparallel gravity, can both be called into question. We then show that properly considering the role of boundary conditions in theory structure can potentially restore these claims of equivalence and close with some remarks on the pragmatics of adjudications on theory identity. (shrink)

Canonically, ‘classic’ tests of general relativity (GR) include perihelion precession, the bending of light around stars, and gravitational redshift; ‘modern’ tests have to do with, _inter alia_, relativistic time delay, equivalence principle tests, gravitational lensing, strong field gravity, and gravitational waves. The orthodoxy is that both classic and modern tests of GR afford experimental confirmation of that theory _in particular_. In this article, we question this orthodoxy, by showing there are classes of both relativistic theories (with spatiotemporal geometrical properties different (...) from those of GR) and non-relativistic theories (in which the lightcones of a relativistic spacetime are ‘widened’) which would also pass such tests. Thus, (a) issues of underdetermination in the context of GR loom much larger than one might have thought, and (b) given this, one has to think more carefully about what exactly such tests in fact _are_ testing. (shrink)

This essay defends a reading of Hegel as a metametaphysical antirealist. Metametaphysical antirealism is a denial that metaphysics has as its subject matter answers to theoretical questions about the mind-independent world. Hence, on this view, metaphysical questions are not, in principle, knowledge transcendent. I hold that Hegel presents a version of metametaphysical antirealism in the Science of Logic because he pursues his project by suspending reference to all supposed objects of metaphysical theory as practiced before him. Hegel introduces reference in (...) his theory only by the self-reference of thought to itself in the Doctrine of the Concept. I motivate the relevance of Hegel’s approach to metaphysics by comparing it to Kit Fine’s (2017) concept of “naïve metaphysics.” I argue that Hegel’s theory results from a comprehensively naïve metaphysics. (shrink)

Genomic research results and incidental findings with health implications for a research participant are of potential interest not only to the participant, but also to the participant's family. Yet investigators lack guidance on return of results to relatives, including after the participant's death. In this paper, a national working group offers consensus analysis and recommendations, including an ethical framework to guide investigators in managing this challenging issue, before and after the participant's death.

Philosophers frequently distinguish between causal responsibility and moral responsibility, but that distinction is either ambiguous or confused. We can distinguish between causal responsibility and a deeper kind of responsibility, that licenses reactive attitudes and judgments that a merely causal connection would not, and we can distinguish between holding people accountable for their moral qualities and holding people accountable for their nonmoral qualities. But, because we sometimes hold people deeply responsible for nonmoral qualities of behavior and character, these distinctions are not (...) the same. A number of recent accounts of responsibility identify deep responsibility with moral responsibility and in consequence miss some key features of the concept of which they are trying to give an account. A view that distinguishes two levels of responsibility, according to which the conditions of attributability are weaker than the conditions of accountability, might seem to account for a kind of non.. (shrink)

Drawing on a rich pragmatist tradition, this book offers an account of the different kinds of ‘oughts’, or varieties of normativity, that we are subject to contends that there is no conflict between normativity and the world as science describes it. The authors argue that normative claims aim to evaluate, to urge us to do or not do something, and to tell us how a state of affairs ought to be. These claims articulate forms of action-guidance that are different in (...) kind from descriptive claims, with a wholly distinct practical and expressive character. This account suggests that there are no normative facts, and so nothing that needs any troublesome shoehorning into a scientific account of the world. This work explains that nevertheless, normative claims are constrained by the world, and answerable to reason and argumentation, in a way that makes them truth-apt and objective. (shrink)

In this paper, I contest increasingly common "realist" interpretations of Hegel's theory of "the concept" (der Begriff), offering instead a "isomorphic" conception of the relation of concepts and the world. The isomorphism recommended, however, is metaphysically deflationary, for I show how Hegel's conception of conceptual form creates a conceptually internal standard for the adequacy of concepts. No "sideways-on" theory of the concept-world relationship is envisioned. This standard of conceptual adequacy is also "graduated" in that it allows for a lack of (...) fit between concept and world. The possibility for a "maximally isomorphic" fit between concept and world obtains through the teleological realization of concepts, which marks especially the "artificial" world of human culture (law, art, religion, etc.). Some of the most seemingly exaggerated claims Hegel makes about the concept, I contend, can be understood when we consider the significance Hegel ascribes to human making, which is provided for in his conceptual theory. But my framework provides an interpretive key for the way Hegel sees concepts imperfectly realized in the natural world as well. (shrink)

It is commonly assumed that the expression “an sich selbst” (“in itself”) in Kant combines with terms to form complex nouns such as “thing in itself” and “end in itself.” I argue that the basic use of “an sich selbst” in Kant’s German is as a sentence adverb, which has the role of modifying subject-predicate combinations, rather than either subject or predicate on their own. Expressions of the form “S is P an sich selbst” mean roughly that S is P (...) ‘in its own right’ or without some further ‘condition’. Accordingly, “an sich selbst” should not be treated as forming complex nouns. This analysis has significant consequences for the interpretation of “thing in itself” in particular, for it implies that the latter is not a complete nominal expression. Instead, one must treat ‘an sich selbst’ as expressing how some S is a ‘thing’, looking to the wider sentential context. I conclude with a brief account of the new significance granted to the concept of a ‘thing’ (Ding) according to the present interpretation. (shrink)

This paper argues that we ought to conceive of the Dark Energy problem—the question of how to account for observational data, naturally interpreted as accelerated expansion of the universe—as a crisis of underdetermined pursuit-worthiness. Not only are the various approaches to the Dark Energy problem evidentially underdetermined; at present, no compelling reasons single out any of them as more likely to be true than the other. More vexingly for working scientists, none of the approaches stands out as uncontroversially preferable over (...) its rivals in terms of its rationally warranted promise, i.e. the reasons to further work on, explore, and develop it. We demonstrate this claim by applying a Peircean economic model of pursuit-worthiness in terms of a cognitive cost/benefit estimate—with the instantiation of theory virtues as key indicators of cognitive gains—to the four main Dark Energy proposals (the cosmological constant approach, modified gravity, quintessence, and inhomogeneous cosmologies). According to our analysis, these approaches do not admit of an unambiguous, or uncontroversial, ranking with respect to which ansatz deserves distinguished attention and research efforts. The overall methodological counsel that our analysis underwrites recommends a pragmatic double research strategy forward: to encourage and foster theory pluralism and the search for tests—with the goal of enhancing the testability of the \(\Lambda \) CDM model and “testing it to destruction". (shrink)

In this paper we examine the case of Tay, the Microsoft AI chatbot that was launched in March, 2016. After less than 24 hours, Microsoft shut down the experiment because the chatbot was generating tweets that were judged to be inappropriate since they included racist, sexist, and anti-Semitic language. We contend that the case of Tay illustrates a problem with the very nature of learning software that interacts directly with the public, and the developer's role and responsibility associated with it. (...) We make the case that when LS interacts directly with people or indirectly via social media, the developer has additional ethical responsibilities beyond those of standard software. There is an additional burden of care. (shrink)

In the Transcendental Aesthetic (TA), Kant is typically held to make negative assertations about “things in themselves,” namely that they are not spatial or temporal. These negative assertions stand behind the “neglected alternative” problem for Kant’s transcendental idealism. According to this problem, Kant may be entitled to assert that spatio-temporality is a subjective element of our cognition, but he cannot rule out that it may also be a feature of the objective world. In this paper, I show in a new (...) way how Kant’s view (focusing on his conclusions about space) is not subject to this objection, by showing that he does not make the denial about mind-independent reality that he is typically held to make. The argument develops consequences of a new reading of Kant’s expression “an sich selbst” (‘in itself’; ‘in themselves’). I argue that “an sich selbst” or “per se” has a special, judgment-level role, so that this expression does not form new noun-terms adjectivally. It follows that the conceptual unit of Kant’s “Conclusions” in the TA is simply “things” (Dinge), since “things in themselves” is not a nominal expression; Kant adopts the Wolffian ontological use of “thing” as the basic kind-term for any existent. The arguments that things per se are not in space are arguments that space cannot be a necessary property or relations of things as a kind. I show that this does not involve the positive claim about mind-independent reality that inspires the neglected alternative objection. (shrink)

Technology has outpaced the capacity of researchers performing research on human participants to interpret all data generated and handle those data responsibly. This poses a critical challenge to existing rules governing human subjects research. The technologies used in research to generate images, scans, and data can now produce so much information that there is significant potential for incidental findings, findings generated in the course of research but beyond the aims of the study. Neuroimaging scans may visualize the entire brain and (...) even the entire head; computed tomography colonography research may visualize the entire torso, from the base of the lungs to the pubis; genetics studies may reveal “extra” and sometimes unwanted information about the family, such as misattributed paternity and undisclosed adoption; and genomic microarray research increasingly involves whole-genome analysis revealing an individual’s complete genotype, with enormous potential for uncovering unexpected information about an individual’s genetics and risks of developing future conditions. (shrink)

Previous research suggested a role of gaze in preference formation, not merely as an expression of preference, but also as a causal influence. According to the gaze cascade hypothesis, the longer subjects look at an item, the more likely they are to develop a preference for it. However, to date the connection between viewing and liking has been investigated predominately with self-paced viewing conditions in which the subjects were required to select certain items from simultaneously presented stimuli on the basis (...) of perceived visual attractiveness. Such conditions might promote a default, but non-mandatory connection between viewing and liking. To explore whether the connection is separable, we examined the evaluative processing of single naturalistic food images in a 2 x 2 design, conducted completely within subjects, in which we varied both the type of exposure (self-paced versus time-controlled) and the type of evaluation (non-exclusive versus exclusive). In the self-paced exclusive evaluation, longer viewing was associated with a higher likelihood of a positive evaluation. However, in the self-paced non-exclusive evaluation, the trend reversed such that longer viewing durations were associated with lesser ratings. Furthermore, in the time-controlled tasks, both with non-exclusive and exclusive evaluation, there was no significant relationship between the viewing duration and the evaluation. The overall pattern of results was consistent for viewing times measured in terms of exposure duration (i.e., the duration of stimulus presentation on the screen) and in terms of actual gaze duration (i.e., the amount of time the subject effectively gazed at the stimulus on the screen). The data indicated that viewing does not intrinsically lead to a higher evaluation when evaluating single food images; instead, the relationship between viewing duration and evaluation depends on the type of task. We suggest that self-determination of exposure duration may be a prerequisite for any influence from viewing time on evaluative processing, regardless of whether the influence is facilitative. Moreover, the purported facilitative link between viewing and liking appears to be limited to exclusive evaluation, when only a restricted number of items can be included in a chosen set. (shrink)

Le concept d' Umwelt est souvent considéré comme l'équivalent allemand du concept français de « milieu ». En revenant sur l' apparition du concept scientifique d' Umwelt au début du XXe siècle, nous souhaitons mettre en évidence sa genèse polémique et le fait qu'il est, contre toute attente, le résultat d'un rejet du concept de milieu. Pour le géographe F. Ratzel et le biologiste J. von Uexküll, ce concept était en effet indissociable de la théorie de Taine. Beaucoup trop déterministe (...) à leurs yeux, elle renforçait le monisme matérialiste qui se développait alors en Allemagne et auquel ils souhaitaient mettre un terme. (shrink)

Oversight of human gene transfer research presents an important model with potential application to oversight of nanobiology research on human participants. Gene therapy oversight adds centralized federal review at the National Institutes of Health's Office of Biotechnology Activities and its Recombinant DNA Advisory Committee to standard oversight of human subjects research at the researcher's institution and at the federal level by the Office for Human Research Protections. The Food and Drug Administration's Center for Biologics Evaluation and Research oversees human gene (...) transfer research in parallel, including approval of protocols and regulation of products. This article traces the evolution of this dual oversight system; describes how the system is already addressing nanobiotechnology in gene transfer: evaluates gene therapy oversight based on public opinion, the literature, and preliminary expert elicitation; and offers lessons of the gene therapy oversight experience for oversight of nanobiotechnology. (shrink)