The United States recognized intellectual property rights from its earliest days and included, in its constitution, a clause which expresses this, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." These few words found in Article 1, Section 8, Clause 8 have grown into a massive body of laws that govern works that were unimaginable to Thomas Jefferson and his contemporaries. Our question (...) today is very simple: is the latest metamorphosis of copyright law, the Digital Millennial Copyright Act of 1998, prudent policy? Specifically, we are concerned with three issues which critics have raised regarding this act: chilling effects on fair use, suppression of innovation, and overreach. We will also touch on the criticism which stresses that the DMCA further expands a system which increasingly and unfairly favors the content industries. This will be limited to illustrating extant tensions between copyright owners and society and also the difficulties law faces in keeping pace with the current, rapid and overwhelming technological and cultural change. We rely primarily on leading cases to establish the impact on fair use and innovation or to demonstrate over reach. (shrink)

Henderson and Horgan set out a broad new approach to epistemology. They defend the roles of the a priori and conceptual analysis, but with an essential empirical dimension. 'Transglobal reliability' is the key to epistemic justification. The question of which cognitive processes are reliable depends on contingent facts about human capacities.

Epistemology has recently come to more and more take the articulate form of an investigation into how we do, and perhaps might better, manage the cognitive chores of producing, modifying, and generally maintaining belief-sets with a view to having a true and systematic understanding of the world. While this approach has continuities with earlier philosophy, it admittedly makes a departure from the tradition of epistemology as first philosophy.

Algebraic Art explores the invention of a peculiarly Victorian account of the nature and value of aesthetic form, and it traces that account to a surprising source: mathematics. Drawing on literature, art, and photography, it explores how the Victorian mathematical conception of form still resonates today.

The number of children with chronic critical illness (CCI) is a growing population in the United States. A defining characteristic of this population is a prolonged hospital stay. Our study assessed the proportion of pediatric patients with chronic critical illness in U.S. hospitals at a specific point in time, and identified a subset of children whose hospital stay lasted for months to years. The potential harms of a prolonged hospitalization for children with CCI, which include over treatment, infection, disruption of (...) family life, and the intensive utilization of resources—combined with the moral distress experienced by the clinicians who care for the children, suggest the need for ethical analysis of this growing issue to identify actions that could be taken at the clinical and health systems levels to reduce the harms associated with prolonged hospital stay.In this article we present three real cases from our study that involved a very long hospital stay. We applied a framework developed by Mackenzie, Rogers, and Dodds to analyze inherent, situational, and pathogenic vulnerabilities to examine the ways that interventions intended to remedy one source of harm for the children in our cohort inadvertently created other harms. We examined the complex ways that children with protracted hospitalization are vulnerable to the choices made by their family and clinicians, as well as by healthcare systems and communities. Finally, we used this analysis to summarize actions and ethical responses to this growing patient population. Such an understanding is essential to making clinical and ethical decisions that arise for children who are at risk for a very long stay in the hospital. (shrink)

DBS Think Tank IX was held on August 25–27, 2021 in Orlando FL with US based participants largely in person and overseas participants joining by video conferencing technology. The DBS Think Tank was founded in 2012 and provides an open platform where clinicians, engineers and researchers can freely discuss current and emerging deep brain stimulation technologies as well as the logistical and ethical issues facing the field. The consensus among the DBS Think Tank IX speakers was that DBS expanded in (...) its scope and has been applied to multiple brain disorders in an effort to modulate neural circuitry. After collectively sharing our experiences, it was estimated that globally more than 230,000 DBS devices have been implanted for neurological and neuropsychiatric disorders. As such, this year’s meeting was focused on advances in the following areas: neuromodulation in Europe, Asia and Australia; cutting-edge technologies, neuroethics, interventional psychiatry, adaptive DBS, neuromodulation for pain, network neuromodulation for epilepsy and neuromodulation for traumatic brain injury. (shrink)

Common formulations of the principle of charity in translation seem to undermine attributions of irrationality in social scientific accounts that are otherwise unexceptionable. This I call the problem of irrationality. Here I resolve the problem of irrationality by developing two complementary views of the principle of charity. First, I develop the view (ill-developed in the literature at present) that the principle of charity is preparatory, being needed in the construction of provisional first-approximation translation manuals. These serve as the basis for (...) explanatory accounts and associated refinements in the translation manual. In developing such explanatory accounts, the principle of charity is no longer constraining. Thus, the principle of charity applies only in the early stages of constructing translation manuals, and there is no problem of irrationality in the later stages of constructing translation manuals. Second, I reduce the principle of charity, where it does apply, to a special case of what I call the principle of explicability: so translate as to attribute explicable beliefs and practices to the speakers of the source-language. I show that the appropriate formulation of the principle of charity counsels just what the principle of explicability requires in the early stages of social scientific investigation. (shrink)

We propose that procedures of separation have two functions, namely first, to establish the integrity of individual parts, and second, to make previously joint entities discreet and therefore countable. This allows taking stock of available resources, including evaluating the use of individual objects, a process that is especially adaptive under conditions of threat of contagious disease and resource scarcity.

Yoshida considers two broad understandings of how social scientists can and should “describe and explain other cultures or their aspects under concepts of rationality” . In the one corner is a family of approaches that Yoshida finds deeply flawed: cultural interpretivist approaches. Five authors representative of this family are given fine chapter length examinations: Winch, Taylor, Geertz, Sahlins, and Obeyesekere. In the other corner is Yoshida’s favored approach: critical rationalism. This approach is associated with the intellectual descendants of Karl Popper—notably (...) Jarvie and Agassi. It is presented in outline and treated as the clear winner. By virtue of not having the defects that are diagnosed in the interpretivist approaches, critical rationalism is presented as the fitting approach in the social sciences. This dialectical structure has two notable weaknesses: First, showing that one item, A, lacks the problems found in another item, B, should not be take .. (shrink)

Recent ideological positioning on the world stage has born a startling resemblance to a form of positioning within nursing theory – that of taking complex ideas, reducing them to a simplistic binary form, and uncritically adopting one half of that form. In some cases, this adoption of a binary position has led to a passionately held form of ‘othering’ that prohibits a healthy and critical engagement with ideas. As alluring as settling for the binary form may be – we argue (...) for holding binaries in tension as a catalyst for stimulating dialogue – reasoning and exploration of new ways of wrestling with the social and moral complexity of nursing. (shrink)

Rosenberg argues that intentional generalizations in the human sciences cannot be law-like because they are not amenable to significant empirical refinement. This irrefinability is said to result from the principle that supposedly controls in intentional explanation also serving as the standard for successful interpretation. The only credible evidence bearing on such a principle would then need conform to it. I argue that psychological generalizations are refinable and can be nomic. I show how empirical refinement of psychological generalizations is possible by (...) considering concrete cases. A sufficiently detailed view of the role of psychological generalizations in interpretation allows us to find in psychological investigations instances of bootstrap testing. (shrink)

In codifying the methods of translation, several writers have formulated maxims that would constrain interpreters to construe their subjects as (more or less) rational speakers of the truth. Such maxims have come to be known as versions of the principle of charity. W. V. O. Quine suggests an empirical, not purely methodological, basis for his version of that principle. Recently, Stephen Stich has criticized Quine's attempt to found the principle of charity in translation on information about the probabilities of various (...) sorts of mistakes. Here 1 defend Quine's approach. These issues have important implications for the supposed a priori status of human rationality. (shrink)

By a macro-level feature, I understand any feature that supervenes on, and is thus realized in, lower-level features. Recent discussions by Kim have suggested that such features cannot be causally relevant insofar as they are not classically reducible to lower-level features. This seems to render macro-level features causally irrelevant. I defend the causal relevance of some such features. Such features have been thought causally relevant in many examples that have underpinned philosophical work on causality. Additionally, in certain typical biological cases, (...) we conceive of causally relevant features at various compatible levels of analysis. When elaborated, these points make a strong prima facie case for macro-level causal relevance. However, we might abandon both the philosophical guideposts and the corresponding explanatory practice in the special sciences were we convinced that no reflective philosophical account could provide for the causal relevance there supposed. I show that such drastic measures are not necessary, for we can make sense of macro-level causal relevance by drawing on Paul Humphreys' recent work in ways suggested by the concrete examples considered here. (shrink)

On what has become the received view of the principle of charity, it is a fundamental methodological constraint on interpretation that we find peoples’ intentional states patterned in ways that are characterized by norms of rationality. This recommended use of normative principles of rationality to inform intentional description is epistemically unmotivated. To say that the received view lacks epistemic motivation is to say that to interpret as it recommends would be epistemically irresponsible ans, in important respects irrational. On the alternative (...) that I recommend, descriptive psychological generalization are what properly inform interpretation. One can readily understand the epistemic motivations for so interpreting, for they are the familiar reasons for informing description with background descriptive information. No parallel motivations for the received view seems possible. (shrink)

           Eliminative materialism, as William Lycan (this volume) tells us, is materialism plus the claim that no creature has ever had a belief, desire, intention, hope, wish, or other “folk-psychological†state. Some contemporary philosophers claim that eliminative materialism is very likely true. They sketch certain potential scenarios, for the way theory might develop in cognitive science and neuroscience, that they claim are fairly likely; and they maintain that if such scenarios (...) turned out to be the truth about humans, then eliminative materialism would be true.            Broadly speaking, there are two ways to reply to such arguments, for those who maintain that eliminative materialism is false (or that the likelihood of its being true is very low). One way is to argue that the scenarios the eliminativists envision are themselves extremely unlikely—that we can be very confident, given what we now know (including nontendentious scientific knowledge), that those scenarios will not come to pass. The other is to argue that even if they did come to pass, this would not undermine common-sense psychology anyway. People would still have beliefs, etc. The two strategies are not incompatible; one could pursue them both. But the second strategy attacks eliminativism at a more fundamental level. And if it can be successfully carried out, then the dialectical state of play will be strikingly secure for folk psychology. For, then it will turn out that folk psychology simply is not hostage to the kinds of potential empirical-theoretical developments that the eliminativists envision. It doesn’t matter, as far as the integrity of folk psychology is concerned, whether or not such scenarios are likely to come to pass. Eliminativist arguments inevitably rely, often only implicitly, on certain assumptions about what it takes for a creature to have beliefs, desires, and other folk-psychological states—assumptions about some alleged necessary condition(s) for being a true believer (to adapt this colorful usage from Dennett 1987). (shrink)

Self-criticism is a trait associated with increased psychopathology, but self-criticism is also a personality state reflecting an action that people do in moments of time. In the current study, we explored factors associated with heightened self-criticism in daily life. Participants (N = 197) received five random prompts per day for one week on their mobile phones, where they reported their current affect (negative and positive affect), willpower self-efficacy, distress intolerance, degree of support and criticism from others, current context (location, activity, (...) hunger, tiredness) and momentary self-criticism. We first demonstrated that self-criticism varies over time and across contexts, and is associated with heightened trait self-criticism. Then, using multilevel modelling, we explored the contextual factors associated with greater self-criticism. We found that self-criticism was higher when people were at home, and more tired. We also found higher self-criticism to be associated with greater negative and lower positive affect, greater distress intolerance, lower willpower and greater perceived criticism from others. In addition, self-criticism predicted subsequent distress intolerance, willpower and positive affect in lagged analyses. This study provides evidence that both environmental and psychological factors are associated with the dynamics of self-critical thoughts. (shrink)

Explaining Norms is a work in philosophy of social science aspiring to provide an account of norms, their general character, their kinds ðformal, legal, moral, and socialÞ, what they can explain, and what explains their dynamic ðemergence, persistence, and unravelingÞ. The authors engage with various positions in ethics, political philosophy, and ðto some extentÞ the philosophy of law. The discussion is rewarding and inventive—it provides distinctive and intriguing views on several topics ðe.g., on the distinction between moral and social normsÞ. (...) There are a lot of ideas here. Perhaps this is predictable, given that the work is a product of four capable minds. What is surprising is the range of ideas and arguments on which the authors manage to agree and out of which they construct one reasonably cohesive account. Given the wide range of literatures discussed, readers are likely to find much of interest. Not surprisingly, some related literatures do seem to be underplayed—treated in a few footnotes and somewhat by the way, with little development of systematic connections. There are thriving literatures in comparative psychology/ ethology, moral psychology, and cultural anthropology that are devoted to how we humans manage to cooperate and coordinate as we do. While there are footnotes to some of this literature ðsee the index for, e.g., Boyd, Bowles, Camerer, Gintis, and HenrichÞ, many readers would have benefited from a discussion that more fully related the position developed in Explaining Norms to that work in experimental economics and anthropology. Discussing the relationships with work in moral psychology and ethology would also have been appreciated ðHaidt, de Waal, and Tomasello are not mentionedÞ. Still, there is very much to like about what is treated here. The authors seek conceptually individually necessary and jointly sufficient conditions for being a norm. On the account provided, norms are something on the order of normative principles accepted in some group ð3–4Þ. Thus, norms involve some normative principle, possessing “a certain generality of scope and application.” These principles need not be objectively correct or fitting, and they may be objectively “simply awful” ð3Þ. The central questions have to do with what is involved in some group accepting these normative principles. The authors locate their position in two dimensions. (shrink)

This article contributes empirical findings and sociological theoretical perspectives to discussions of the role of community lay health workers, including in improving the health of individuals and communities. We focus on the role of the Health Trainer (HT), at its inception described as one of the most innovative developments in UK Public Health policy. As lay health workers, HTs are tasked with reducing health inequalities in disadvantaged communities by supporting clients to engage in healthier lifestyles. HTs are currently sociologically under-researched, (...) particularly in relation to occupational identity work, and the boundary work undertaken inter-occupationally with other health workers. To address this research lacuna, a qualitative study was undertaken with 25 HTs based in the Midlands region of the UK. In theorising our findings, we employ a novel combination of symbolic interactionist conceptualisation of 1) identity work, and of 2) boundary work. The article advances knowledge in the field of health and exercise by investigating and theorising how HTs construct, work at, manage, and communicate about professional/occupational boundaries, in order to provide personalised support to their clients in achieving and sustaining healthy behaviour change within the constraints of clients’ lifeworlds. (shrink)

TheCulexis now widely recognized as a piece of post-Ovidian, possibly Tiberian, pseudo-juvenilia written by an author impersonating the young Virgil, although it was attached to Virgil's name already in the first centuryc.e., being identified as Virgilian by Statius, Suetonius and Martial. Dedicated to the young Octavian (Octauiin line 1), the poem seems to fill a biographical gap in Virgil's career before his composition of theEclogues. It is introduced as aludus, which Irene Peirano suggests may openly refer to ‘the act of (...) impersonating Virgil’, and, like many of the poems in theAppendix Vergiliana, it seems to have a parodic intent. TheCulexhas been interpreted as a parody of neoteric style and the epyllion, as mock-epic, as Virgil parody (John Henderson called it a ‘spoofAeneidin bucolic drag’), as pointed Augustan satire, as mock Ovidian ‘Weltgedicht’ and as just very bad poetry (Housman's ‘stutterer’). Glenn Most has observed that the poem's three ‘acts’ structurally recapitulate Virgil's three major works in chronological succession. Little attention, however, has been paid to theCulex's final lines, which contain a catalogue of flowers thepastorplaces on the gnat's tomb. Recent scholarship has reintroduced an older interpretation of the gnat's tomb as a political allegory of Augustus’ Mausoleum; in this paper I suggest instead that the tomb and its flowers serve a closural and metapoetic function at the end of the poem. (shrink)

Background and objectives Conscientious refusal of abortion has been discussed widely by medical ethicists but little information on practitioners' opinions exists. The American College of Obstetricians and Gynecologists (ACOG) issued recommendations about conscientious refusal. We used a vignette experiment to examine obstetrician-gynecologists' (OB/GYN) support for the recommendations. Design A national survey of OB/GYN physicians contained a vignette experiment in which an OB/GYN doctor refused a requested elective abortion. The vignette varied two issues recently addressed by the ACOG ethics committee—whether the (...) doctor referred and whether the doctor disclosed their objection to the abortion. Participants and setting 1800 OB/GYN randomly selected physicians were asked to complete a mail survey containing the vignette. The response rate was 66% (n=1154) after excluding 40 ineligible cases. Measurement Physicians indicated their approval for the vignette doctor's decision. Main results Overall, 43% of OB/GYN physicians responded that the conscientious refusal exercised by the vignette physician was appropriate. 70% rated the vignette doctor as acting appropriately when a referral was made. This dropped to 51% when the doctor disclosed objections to the patient, and to 12% when the doctor disclosed objections and refused to make a referral. Consistent with previous research, males were more likely to support disclosure and refusal to refer. Highly religious physicians supported non-referral but not disclosure. Conclusion OB/GYN physicians are less likely to support conscientious refusal of abortion if physicians disclose their objections to patients. This is at odds with ACOG recommendations and with some models of the doctor–patient relationship. (shrink)

Background: The Declaration of Helsinki prohibits the publication of articles that do not meet defined ethical standards for reporting of research ethics board approval and informed consent. Despite this prohibition and a call to highlight the deficiency for the reader, articles with potential ethical shortcomings continue to be published.Objective: To determine what proportion of articles in major medical journals lack statements confirming REB approval and informed consent, and whether accompanying commentary alerts readers to this deficiency.Design: Retrospective, observational study.Setting: Online review (...) of five major medical journals.Population: All clinical research articles published online between 1 January 2005 and 31 December 2006 in the BMJ, Lancet, Annals of Internal Medicine, JAMA and the New England Journal of Medicine.Measurements: Statement of REB approval and informed consent.Results: Of 1780 articles reviewed, 1133 met inclusion criteria , 36 articles lacked a statement of REB approval, 62 lacked disclosure of informed consent and 15 articles lacked both. Articles that did not state REB approval were associated with not stating informed consent . There were no editorial comments to alert readers to the lack of either REB approval or informed consent statements associated with any of the deficient articles.Conclusions: Articles that lack explicit statements of REB approval and informed consent are infrequent but continue to be published in major medical journals without editorial statements to alert the reader to this deficiency. (shrink)

Commentary and supercommentary, with text, on Īśvarapratyabhijñā, classical verse work, expounding the Trika philosophy in Kashmir Sivaism, by Utpala, fl. 900-950.

In Japan, few studies and ethical debates have addressed medical futility, but articles suggesting the practice of such treatment exist. The present study aimed to explore attitudes about this by examining personal practical experiences of those who have been involved in judging treatments as futile. We employed a qualitative descriptive design with content analysis of semi-structured and focus group interviews with 11 Japanese physicians and 9 nurses of a university hospital in Japan. The interviews mined their practical experience to identify (...) why they provided treatment that was regarded futile, factors for determining futility, and attitudes toward foregoing futile treatments. All participants had provided treatments judged as futile for various reasons, such as patient request, inadequate decision-making processes, request from another physician, and the lack of standards with which to judge futility, among others. In addition to medical science factors , participants also considered non-medical science factors to determine if a treatment was futile. Almost all participants agreed that futility should be defined and that such treatments should be foregone, but they did not take a proactive stance towards this due to factors related to the healthcare worker‟s situation or the patient. Although the implications of the present study are somewhat limited, our results indicate that futile treatments are provided at multiple treatment departments. Health-care workers employ a variety of factors to determine futility, including non-medical science factors. As provision of such treatment is not always performed for reasons of patient autonomy, diverse approaches should be employed to cope with situations regarding futile treatments. (shrink)

This is a review of the biographic drama Love and Mercy. More than a story of the evolution of The Beach Boys, it is the story of the lead Beach Boy, Brian Wilson, and his struggle with substance abuse, mental illness, family stress, emerging love, and a controlling psychologist. Interwoven are many bioethics themes, including the doctor–patient relationship, conflict of interest, autonomy, and patient welfare. For those unaware of the sadness and torment running directly alongside the sunny, bubbly life of (...) The Beach Boys, this film is an eye-opener. It is also a great reminder of the importance of boundaries between clinicians and their patients. (shrink)

The Birkhoff-Maltsev problem asks for a characterization of those lattices each of which is isomorphic to the lattice L(K) of all subquasivarieties for some quasivariety K of algebraic systems. The current status of this problem, which is still open, is discussed. Various unsolved questions that are related to the Birkhoff-Maltsev problem are also considered, including ones that stem from the theory of propositional logics.

Malgré l’accent porté sur les aspects publics, ritualistes de la pratique ancienne, les images et les objets grecs attestent des rencontres privées et personnelles avec des dieux. Cet article recourt à la documentation archéologique pour explorer les traits personnels, vécus, de la vie religieuse de l’Athènes attique. Bien qu’elles soient parfois décrites comme des « transactions », le développement des relations personnelles avec les dieux et de la manipulation de choses matérielles semble être l’un des éléments les plus saillants de (...) l’expérience religieuse des Grecs. Cette étude examine la matérialité religieuse et l’attitude dévotionnelle telle qu’elle existait en dehors de systèmes rituels organisés et des espaces sacrés. La documentation grecque suggère que la culture matérielle était « de la religion » sous forme physique et une part des méthodes des dévots pour développer des relations remarquablement intimes avec des figures sacrées dans un processus appelé « dévotionalisme ». Les femmes athéniennes utilisaient un objet commun de la vie quotidienne comme une forme de médium religieux: la tainia (ruban). Les femmes l’employaient dans tous les lieux de leur vie, y compris les maisons, les lieux de fêtes et les sanctuaires. La céramique suggère que les Athéniens ont employé de tels média dévotionnels pour interagir avec les défunts dans les cimetières. (shrink)

The founders of reformational philosophy, H. Dooyeweerd and D.H.Th. Vollenhoven, each published in short succession, viz. 1949 and 1950, a voluminous study in the history of philosophy. Whoever reads both works is struck by the remarkable differences in treatment. In this contribution these differences are analysed, but there is also indication of agreement. The article ends with a number of conclusions based on the analysis.

The idea of moral reform requires that morality be more than a description of what people do value, for there has to be some measure against which to assess progress. Otherwise, any change is not reform, but simply difference. Therefore, I discuss moral reform in relation to two prescriptive approaches to common morality, which I distinguish as the foundational and the pragmatic. A foundational approach to common morality (e.g., Bernard Gert’s) suggests that there is no reform of morality , but (...) of beliefs, values, customs, and practices so as to conform with an unchanging, foundational morality. If, however, there were revision in its foundation (e.g., in rationality), then reform in morality itself would be possible. On a pragmatic view, on the other hand, common morality is relative to human flourishing, and its justification consists in its effectiveness in promoting flourishing. Morality is dependent on what in fact does promote human flourishing and therefore, could be reformed. However, a pragmatic approach, which appears more open to the possibility of moral reform, would need a more robust account of norms by which reform is measured. (shrink)

Objective We sought to understand ethics and education needs of emergency nurses and physicians in paediatric and adult emergency departments in order to build ethics capacity and provide a foundation for the development of an ethics education programme. Methods This was a prospective cross-sectional survey of all staff nurses and physicians in three tertiary care EDs. The survey tool, called Clinical Ethics Needs Assessment Survey, was pilot tested on a similar target audience for question content and clarity. Results Of the (...) 123 participants surveyed, 72% and 84% of nurses and physicians fully/somewhat agreed with an overall positive ethical climate, respectively. 69% of participants reported encountering daily or weekly ethical challenges. Participants expressed the greatest need for additional support to address moral distress, conflict management with patients or families and resource issues. Of the 23 reported occurrences of moral distress, 61% were associated with paediatric mental health cases. When asked how the ethics consultation service could be used in the ED, providing education to teams was the most desired method. Conclusions Nurses report a greater need for ethics education and resources compared with their physician colleagues. Ethical challenges in paediatric EDs are more prevalent than adult EDs and nurses voice specific moral distress that are different than adult EDs. These results highlight the need for a suitable educational strategy, which can be developed in collaboration with the leadership of each ED and team of hospital ethicists. (shrink)